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South Africa decisions
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August v Maimane (20866/2018; 20867/2018; 20868/2023; 20869/2018) [2023] ZAWCHC 254 (13 October 2023)
Consolidated defamation trial over statements linking former DA councillors to corruption; the court awarded damages and attorney-and-client costs.
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.
Engelbrecht v Van Der Merwe (2415/18) [2021] ZANCHC 30 (23 July 2021)
High Court defamation judgment over emails accusing an attorney-trustee of dishonesty, corruption and incompetence; damages of R800,000 were awarded.
Van Gijsen v Van Der Merwe (14860/13) [2016] ZAWCHC 85 (24 June 2016)
The court found that the defendant published multiple emails to various third parties, including officials and professionals, containing serious allegations of dishonesty, fraud, theft, tax evasion, and other criminal conduct against the plaintiff. These statements were per se defamatory and intended to injure the plaintiff's reputation. The defendant failed to plead or prove any justification, privilege, or truth, and did not rebut the presumptions of unlawfulness and intent. The defendant persisted in his conduct over a prolonged period, even after warnings and an interim interdict, aggrava…
Source excerpt
Chen and Another v China Express SA (Pty) Ltd and Others (11821/07) [2008] ZAGPHC 348 (17 June 2008)
The High Court made final a rule nisi interdicting respondents from alleging fraud or publishing defamatory claims about the applicants.
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