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South Africa Case Law

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Delict [2019] ZAGPPHC 377

Xaba and Another v Mkhabela (A183/2017)

Xaba and Another v Mkhabela (A183/2017) [2019] ZAGPPHC 377 (15 August 2019)

Court
North Gauteng High Court, Pretoria
Case number
A183/2017
Judges
R G Tolmay, N Ranchod, A Basson

The court found that while the article published by the Daily Sun was defamatory in that it implied wrongdoing and incompetence on the part of the Respondent, the Appellants successfully established the defence of reasonable publication. The journalists undertook thorough investigations, verified facts with multiple sources, and provided the Respondent an opportunity to respond, which he failed to do. The publication concerned matters of significant public interest, namely the circumcision programme and related complications. The evidence demonstrated that the Appellants acted without neglige…

Source excerpt

  • Defamation
  • Reasonable Publication Defence
  • Media Liability
  • Damages For Defamation
  • Public Interest Reporting
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Delict [2008] ZAKZHC 21

Mkhize v Media 24 Limited (362/2007)

Mkhize v Media 24 Limited (362/2007) [2008] ZAKZHC 21; [2008] 4 All SA 267 (N) (17 March 2008)

Court
High Courts - Kwazulu Natal
Case number
362/2007
Judge
Hugo

The court found that the defendant published a defamatory statement about the plaintiff, a prominent political figure, without the necessary qualification that the evidence was hearsay. The defendant's persistent refusal to acknowledge the error and apologise until shortly before trial aggravated the harm to the plaintiff's reputation. The court considered previous awards for defamation, the wide circulation of the publication, and the plaintiff's impeccable reputation. Although the defendant eventually tendered an apology, it was too late to mitigate the harm fully. The court held that a mon…

Source excerpt

  • Defamation
  • Quantum Of Damages
  • Apology And Retraction
  • Public Interest Reporting
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.