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South Africa Case Law

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Delict [2025] ZAMPMBHC 75

Manqele v Baloyi Masango Inc Attorneys and Others (896/2023)

Manqele v Baloyi Masango Inc Attorneys and Others (896/2023) [2025] ZAMPMBHC 75 (12 August 2025)

The High Court dismissed a defamation claim over an investigative municipal report, finding qualified privilege, no unlawful publication, and no proof of malice.

  • Defamation
  • Qualified Privilege
  • Publication Requirement
  • Animus Iniuriandi
  • Municipal Liability
  • Qualified-privilege
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Civil Procedure [2025] ZAGPPHC 782

Passenger Rail Agency of South Africa v Masenya (2024-123072)

Passenger Rail Agency of South Africa v Masenya (2024-123072) [2025] ZAGPPHC 782 (1 August 2025)

The court found that the plaintiff's amended particulars of claim contain sufficient allegations to establish publication, as specific individuals and groups were identified as recipients of the defamatory statements. The allegations, when read contextually, accuse the plaintiff of fraud and other serious misconduct, which are capable of defamatory meaning and are prima facie wrongful. The court held that Uniform Rule 18 does not apply since the cause of action is defamation, not contract. Furthermore, intent to defame is presumed in law once publication of defamatory matter is established. A…

  • Exception To Pleadings
  • Defamation
  • Publication Requirement
  • Wrongfulness
  • Animus Iniurandi
  • Uniform Rule 18
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Delict [2024] ZAGPJHC 1215

Ndobe v Gibela Rail Consortium Rf (Pty) Ltd (4241/2020)

Ndobe v Gibela Rail Consortium Rf (Pty) Ltd (4241/2020) [2024] ZAGPJHC 1215 (27 November 2024)

Defamation claim over a disciplinary-hearing report dismissed for lack of publication and because the hearing was a privileged occasion.

  • Defamation
  • Qualified Privilege
  • Disciplinary Proceedings
  • Publication Requirement
  • Qualified-privilege
  • Disciplinary-proceedings
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Civil Procedure [2019] ZAGPPHC 408

Suid-Afrikaanse Onderwysunie v Pashut (28706/2018)

Suid-Afrikaanse Onderwysunie v Pashut (28706/2018) [2019] ZAGPPHC 408 (30 August 2019)

The High Court dismissed exceptions to a defamation pleading, holding the amended particulars of claim sufficiently disclosed a cause of action.

  • Exception Procedure
  • Defamation
  • Pleading Requirements
  • Publication Requirement
  • Exceptions
  • Pleading-requirements
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Civil Procedure [2019] ZALMPTHC 4

Union for Police, Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others (804/2018)

Union for Police, Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others (804/2018) [2019] ZALMPTHC 4 (29 March 2019)

The High Court allowed a trade union to amend its particulars of claim to cure alleged defects, leaving any exception to be dealt with separately.

  • Amendment Of Pleadings
  • Exception Procedure
  • Defamation
  • Publication Requirement
  • Amendment-of-pleadings
  • Exception-procedure
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Delict [2016] ZALMPPHC 3

Komape v Lamola (HCA12/2015)

Komape v Lamola (HCA12/2015) [2016] ZALMPPHC 3 (17 June 2016)

The High Court dismissed an appeal in a defamation claim, finding the impugned words were not defamatory in context and that publication was not proved.

  • Defamation
  • Publication Requirement
  • Objective Test For Defamation
  • Burden Of Proof
  • Publication-requirement
  • Objective-test
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Delict [2016] ZANWHC 18

Miruka v Pelser (898/2014)

Miruka v Pelser (898/2014) [2016] ZANWHC 18 (12 May 2016)

Leave to appeal was dismissed in a defamation matter over an email accusing the respondent of plagiarism and misconduct, with costs.

  • Defamation
  • Publication Requirement
  • Quantum Of Damages
  • Fair Comment
  • Relative Privilege
  • Animus Injuriandi
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Delict [2013] ZAGPPHC 149

Ernst NO and Others v Goosen (A704/12)

Ernst NO and Others v Goosen (A704/12) [2013] ZAGPPHC 149 (12 June 2013)

High Court appeal in a defamation matter. The court held that publication was not proved and that the complained-of statements were not actionable defamation.

  • Defamation
  • Publication Requirement
  • Quantum Of Damages
  • Costs Award
  • Publication-requirement
  • Civil-appeals
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Delict [2012] ZAFSHC 80

Masiu v Ramos (A217/11)

Masiu v Ramos (A217/11) [2012] ZAFSHC 80 (26 April 2012)

High Court defamation appeal concerning a complaint letter about maintenance payments and alleged bribery; the court found no defamatory meaning or proved publication.

  • Defamation
  • Publication Requirement
  • Absolution From Instance
  • Costs Order
  • Publication-requirement
  • Absolution-from-instance
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Civil Procedure [2010] ZAECPEHC 81

Collen v Tiry (1409/2008)

Collen v Tiry (1409/2008) [2010] ZAECPEHC 81 (23 November 2010)

Costs judgment in a defamation matter: the plaintiff withdrew the action, and the court ordered the plaintiff to pay the main-action and withdrawal costs.

  • Withdrawal Of Action
  • Costs Award
  • Defamation
  • Publication Requirement
  • Costs-order
  • Withdrawal-of-action
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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.