South Africa Case Law

Akani Retirement Fund Administrators Proprietary Limited and Another v Independent Media Proprietary Limited and Others (58023/2021)

Akani Retirement Fund Administrators Proprietary Limited and Another v Independent Media Proprietary Limited and Others (58023/2021) [2023] ZAGPJHC 1478 (29 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

58023/2021

Judge

Fisher

The court held that the evidence sought to be admitted, namely findings from the Moropa judgment and the FSCA press release, is relevant to the determination of wrongfulness and the context of the alleged defamatory statements. The rule in Hollington v Hewthorn does not operate as a blanket exclusion in these circumstances, particularly as the findings in Moropa pertain to events predating the publications in question and are probative of the applicants' reputation and the respondents' defences. The evidence is admissible at this interlocutory stage, and its exclusion would prejudice the resp…

Source excerpt

• Admissibility Of Evidence
• Defamation
• Media Privilege
• Wrongfulness
• Reputation
• Motion Proceedings

Adams v Makhoye (2974/2019)

Adams v Makhoye (2974/2019) [2023] ZANWHC 142 (17 August 2023)

Court

North West High Court, Mafikeng

Case number

2974/2019

Judge

Gura

Default judgment in a defamation action arising from an email accusing a SAPS major general of infidelity. The court awarded R230,000 in damages and costs.

• Defamation
• Quantification Of Damages
• Publication
• Reputation
• Onus Of Proof
• Damages

Reddell and Others v Mineral Sands Resources (Pty) Limited and Others

The Court held that trading corporations do not enjoy the section 10 right to human dignity, but they do have a common-law right to reputation. An unqualified claim for general damages in defamation by a trading corporation unjustifiably limits freedom of expression where the speech is part of public discourse on issues of public interest. General damages remain available, but a court has discretion to refuse them in such cases.

Source excerpt

• Freedom of expression
• Reputation
• General damages
• Trading corporations
• Public discourse on issues of public interest
• Development of the common law

Munthali v Passenger Rail Agency of South Africa (23083/2021)

Munthali v Passenger Rail Agency of South Africa (23083/2021) [2022] ZAGPPHC 252; [2022] 8 BLLR 769 (GP) (13 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

23083/2021

Judge

Retief

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.

• Defamation
• Wrongfulness
• Dignity And Reputation
• Punitive Damages
• Exceptions
• Reputation

Ngwadle and Another v Water Sisulu University and Another (4229/2016)

Ngwadle and Another v Water Sisulu University and Another (4229/2016) [2019] ZAECMHC 33 (25 June 2019)

Court

Eastern Cape High Court, Mthatha

Case number

4229/2016

Judge

NQUMSE

The High Court found an email accusing two university employees of bribery and fraud to be defamatory, awarding each plaintiff R50,000 in damages.

• Defamation
• Actio Iniuriarum
• Publication To Third Parties
• Quantum Of Damages
• Injury To Reputation
• Reputation

Herbal Zone (Pty) Limited and Others v Infitech Technologies (Pty) Limited and Others (204/2016)

Herbal Zone (Pty) Limited and Others v Infitech Technologies (Pty) Limited and Others (204/2016) [2017] ZASCA 8; [2017] 2 All SA 347 (SCA); 2017 BIP 172 (SCA) (10 March 2017)

Court

Supreme Court of Appeal

Case number

204/2016

Judges

Cachalia, Shongwe, Wallis, Mbha, Schippers

The Supreme Court of Appeal dismissed a passing-off claim over Phyto Andro and set aside an interdict against allegedly defamatory statements, finding no clear right.

• Passing Off
• Defamation
• Unregistered Trademark
• Interdict
• Reputation
• Counterfeit Goods

Malinga v Minister of Police (49213/2012)

Malinga v Minister of Police (49213/2012) [2016] ZAGPPHC 825 (8 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

49213/2012

Judge

Kekana

The High Court held that a police arrest for alleged theft was unlawful because the officer lacked reasonable suspicion, awarding the plaintiff R120,000.

• Unlawful Arrest
• Damages For Unlawful Arrest
• Quantum Of Damages
• Personal Liberty
• Reputation
• Criminal Procedure Act Section 40

Pioneer Foods (Pty) Limited v Bothaville Milling (Pty) Limited (215/2013)

Pioneer Foods (Pty) Limited v Bothaville Milling (Pty) Limited (215/2013) [2014] ZASCA 6; [2014] 2 All SA 282 (SCA); 2014 BIP 486 (SCA) (12 March 2014)

Court

Supreme Court of Appeal

Case number

215/2013

Judges

Navsa, Wallis, Willis, Swain, Mocumie

The Supreme Court of Appeal dismissed a passing-off claim over maize meal packaging, finding the STAR get-up not confusingly similar to WHITE STAR.

• Passing Off
• Trade Dress
• Likelihood Of Confusion
• Reputation
• Misrepresentation
• Damage

Matzner and Others v Smith and Another (183/2011)

Matzner and Others v Smith and Another (183/2011) [2013] ZAECPEHC 17 (28 March 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

183/2011

Judge

N G Beshe

High Court defamation judgment finding a body corporate letter defamatory of three trustees and awarding R10,000 damages to each plaintiff.

• Defamation
• Damages Quantum
• Reputation Injury
• Fiduciary Duties Of Trustees
• Damages
• Reputation

Van Rensburg and Another v Meyer and Another (10879/2010)

Van Rensburg and Another v Meyer and Another (10879/2010) [2010] ZAGPJHC 193 (24 November 2010)

Court

South Gauteng High Court, Johannesburg

Case number

10879/2010

Judge

EF Dippenaar

High Court granted a final interdict against the first respondent for distributing a defamatory anonymous letter, and dismissed the case against the second respondent for lack of jurisdiction.

• Final Interdict
• Defamation
• Balance Of Probabilities
• Fair Comment Defence
• Injury To Reputation
• Final-interdict