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South Africa decisions
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Munthali v Passenger Rail Agency of South Africa (23083/2021) [2022] ZAGPPHC 252; [2022] 8 BLLR 769 (GP) (13 April 2022)
The High Court held that both a suspension notice and later media statement could be read as defamatory, so the defendant’s exception was dismissed with costs.
Ramdin v Minister of Police (07223/14) [2018] ZAGPJHC 661 (13 December 2018)
The court found that the plaintiffs failed to establish a direct breach of a constitutional right warranting an award of constitutional damages. The defendants had already conceded liability and agreed to pay general and special damages, which fully compensated the plaintiffs for their loss. Awarding constitutional damages in addition would result in overcompensation, contrary to the principles established in Fose v Minister of Safety and Security. The court held that constitutional damages are only appropriate where no other effective remedy exists and where a direct constitutional breach is…
Source excerpt
Feldman NO v EMI Music SA (Pty) Ltd/ EMI Music Publishing SA (Pty) Ltd (268/2008) [2009] ZASCA 75; 2010 (1) SA 1 (SCA); [2009] 4 All SA 307 (SCA); 2009 BIP 294 (SCA) (1 June 2009)
A co-author of joint-authorship copyright works cannot claim all infringement damages without pleading entitlement to the full share or joining the other co-authors.
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