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South Africa decisions
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Du Toit v Coetzee (A122/2021) [2022] ZAFSHC 105; [2022] HIPR 198 (FB) (2 June 2022)
The High Court upheld an appeal in a defamation and injuria case, finding the respondent had not rebutted wrongfulness or intent and awarding damages.
Nhlapo v Zimu (2016/8478) [2017] ZAGPJHC 236 (1 September 2017)
The court held that claims for prospective losses arising from breach of promise to marry are no longer recognised in South African law, as such claims do not reflect current public policy or constitutional values. The plaintiff's claim for prospective losses was dismissed. However, the court found that the plaintiff had proven entitlement to actual damages for expenses incurred in anticipation of marriage, specifically half the cost of in vitro fertilisation treatment, based on express or tacit agreement between the parties. The plaintiff was also awarded modest sentimental damages under the…
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Kumalo v Cycle Lab (Pty) Ltd (31871/2008) [2011] ZAGPJHC 56 (17 June 2011)
High Court held that using Julia Basetsana Kumalo’s photo in advertising without consent constituted iniuria. Damages were left for later determination.
Van Jaarsveld v Bridges (344/09) [2010] ZASCA 76; 2010 (4) SA 558 (SCA) ; [2010] 4 All SA 389 (SCA) (27 May 2010)
The Supreme Court of Appeal held that the action for breach of promise to marry must be reassessed in light of contemporary public policy and societal mores. Engagements are no longer rigidly contractual, and claims for prospective losses are speculative and not legally sustainable. Only actual losses, proven and within the contemplation of the parties, may be recoverable. The court found that the appellant's termination of the engagement was not contumacious or injurious in the delictual sense, as the communications were apologetic and not objectively insulting. The respondent's claims for s…
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du Plessis v J T Publishing (EDMS) Beperk (751/2005) [2007] ZAGPHC 41 (25 May 2007)
High Court defamation judgment awarding Juanita du Plessis R60,000 for a degrading magazine publication implying sexual misconduct.
Minister of Justice and Another v Bosch NO and Others (J1099/01) [2005] ZALC 95; (2006) 27 ILJ 166 (LC) (20 October 2005)
Labour Court review of an arbitration award on demotion, benefits and damages. The court upheld the demotion finding but set aside the benefits award and R40,000 compensation.
Jansen van Vuuren and Another NNO v Kruger (675/91) [1993] ZASCA 145; 1993 (4) SA 842 (AD); [1993] 2 All SA 619 (A) (28 September 1993)
A doctor wrongly disclosed a patient’s HIV status to third parties. The court upheld a privacy claim under the actio iniuriarum and awarded damages.
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