South Africa Case Law

Xaba and Another v Mkhabela (A183/2017)

Xaba and Another v Mkhabela (A183/2017) [2019] ZAGPPHC 377 (15 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

A183/2017

Judges

R G Tolmay, N Ranchod, A Basson

The court found that while the article published by the Daily Sun was defamatory in that it implied wrongdoing and incompetence on the part of the Respondent, the Appellants successfully established the defence of reasonable publication. The journalists undertook thorough investigations, verified facts with multiple sources, and provided the Respondent an opportunity to respond, which he failed to do. The publication concerned matters of significant public interest, namely the circumcision programme and related complications. The evidence demonstrated that the Appellants acted without neglige…

Source excerpt

• Defamation
• Reasonable Publication Defence
• Media Liability
• Damages For Defamation
• Public Interest Reporting