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South Africa decisions
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De Wet and Others v Scheepers (21021/2020) [2022] ZAGPPHC 793 (27 October 2022)
The High Court held that the defendant defamed two attorneys by accusing them of fraud and collusion over a deceased estate sale, awarding each R50,000 in damages.
Roux v Powell (17499/18) [2019] ZAWCHC 132 (4 October 2019)
The court found that, considering the statements in their full context and applying the concept of illocutionary force, the posts published by the defendant were defamatory of the plaintiff in their primary sense. The first post, prominently displayed and promoted via tags, became outdated and incorrect after the appeal exonerated the plaintiff, yet the defendant refused to remove it despite demand and factual inaccuracy. The court held that a reasonable person reading that a professional was found guilty of unprofessional conduct, even with an appeal pending, would have their estimation of t…
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Brathwaite v South African HIV Clinicians Society (38564/14) [2017] ZAGPJHC 89 (15 March 2017)
The High Court dismissed a defamation-based final interdict application over criticism of a pre-sex gel advert, finding the respondent acted reasonably and in the public interest.
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