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Susanna v Clicks Group Ltd t/a Click Stores and Another (A 3102/2011) [2015] ZAGPJHC 114 (10 June 2015)
High Court appeal about a shoplifting accusation and handbag search held that the conduct amounted to iniuria, but defamation failed for lack of publication.
Pieterse v Clicks Group Ltd t/a Clicks Stores and Another (A3102/2011) [2015] ZAGPJHC 113; 2015 (5) SA 317 (GJ) (10 June 2015)
The appeal succeeded on the claim of iniuria. The court found that the second respondent's words and conduct, including the search of the appellant's handbag, amounted to an insult and invasion of dignity. The respondents failed to establish a reasonable suspicion of shoplifting or any factual basis for their actions. The defence of reasonable suspicion was rejected, and the court held that negligence suffices for fault in this category of defamation, aligning with constitutional values and statutory requirements. The employer was held vicariously liable for the employee's conduct. The appell…
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