South Africa Case Law

Madito v Peega (CIV APP MG 18/2018)

Madito v Peega (CIV APP MG 18/2018) [2020] ZANWHC 84 (10 July 2020)

Court

North West High Court, Mafikeng

Case number

CIV APP MG 18/2018

Judges

R D Hendricks, J T Djaje

The court found that the appellant's statements were made in public, were defamatory, and were published to third parties, as evidenced by the reactions of bystanders and the appellant's own admissions. The Magistrate's finding of publication was supported by overwhelming evidence. The court rejected the appellant's arguments that the respondent's reputation was not harmed or that she should have a 'tougher skin' due to her profession. The quantum of damages awarded was reasonable, taking into account the respondent's professional status, the public nature of the humiliation, and inflation. T…

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• Defamation
• Publication Of Defamatory Statement
• Quantum Of Damages
• Personality Rights
• Dignity
• Intentional Publication

Gwe v De Lange and Another (3532/09)

Gwe v De Lange and Another (3532/09) [2019] ZAECPEHC 65; [2020] 1 BLLR 92 (ECP) ; (2020) 41 ILJ 341 (ECP) (17 September 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3532/09

Judge

Swanepoel AJ

The court found that the plaintiff failed to establish the essential elements of the actio iniuriarum. The letters and conduct complained of were issued in compliance with statutory and disciplinary requirements, and any publication of the allegations was limited to those with a right or duty to know, such as the plaintiff, his union, and relevant officials. The court held that such publication was protected by qualified privilege and was not wrongful. There was no evidence of animus iniuriandi or malice on the part of the defendants. The plaintiff himself communicated the allegations to his…

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• Actio Iniuriarum
• Qualified Privilege
• Disciplinary Code
• Publication Of Defamatory Statement
• Vicarious Liability
• Unfair Labour Practice

Wolmarans v Motsi (78/2009)

Wolmarans v Motsi (78/2009) [2011] ZANWHC 93 (7 July 2011)

Court

North West High Court, Mafikeng

Case number

78/2009

Judge

N Gutta

Default judgment for defamation over a radio broadcast, with the court awarding the plaintiff R80,000 in damages and costs.

• Defamation
• Damages Quantification
• Publication Of Defamatory Statement
• Animo Iniuriandi
• Reputation Injury
• Damages-quantification

Rudman v Claassen (442/2010)

Rudman v Claassen (442/2010) [2010] ZAECPEHC 22 (25 May 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

442/2010

Judge

N Dambuza

The court found that the entire e-mail sent by the defendant was defamatory of and concerning the plaintiff. The words used were not mere abuse but constituted a vicious attack on the plaintiff's professional integrity and competence. The publication of the e-mail to the plaintiff's colleagues and husband was sufficient to harm her reputation in her business environment. The court considered the limited scope of publication but found that the recipients were people to whom the plaintiff's image was most relevant. The insults were unjustified, aggravated by the absence of an apology, and cause…

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• Defamation
• Damages For Injury To Reputation
• Publication Of Defamatory Statement

Feni (born Mlengana) v Kondzani (508/2006)

Feni (born Mlengana) v Kondzani (508/2006) [2007] ZAECHC 15; [2007] 4 All SA 762 (EC) (8 March 2007)

Court

High Courts - Eastern Cape

Case number

508/2006

Judge

Pickering

The court held the defendant acted in private defence when she sprayed the plaintiff with pepper spray, and upheld the defendant’s defamation counterclaim.

• Private Defence
• Defamation
• Publication Of Defamatory Statement
• Damages
• Costs Award
• Private-defence