S.K.J v P.J and Another (4918/2012)
S.K.J v P.J and Another (4918/2012) [2016] ZAKZDHC 33 (22 July 2016)
The court found that the plaintiff's communications regarding the alleged adulterous relationship were made in the context of family and close friendship, without intent to injure the second defendant's reputation. The publication to the plaintiff's mother was for the purpose of explaining the breakdown of his marriage, and the publication to the second defendant's wife was a matter of courtesy prior to legal action. There was no evidence of animus iniuriandi or actual injury to reputation. Furthermore, societal norms regarding adultery have shifted, and such allegations no longer carry the p…
Source excerpt
- Defamation
- Adultery
- Animus Iniuriandi
- Wrongfulness
- Public Policy Shift