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South Africa decisions
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Liberty Group Limited v Chonco and Another (7449/24P) [2025] ZAKZPHC 42 (25 April 2025)
The High Court interdicted former Liberty affiliates from posting defamatory claims online, finding the allegations unproven and not fair comment.
Du Toit v Becket and Another (8687/2023) [2024] ZAWCHC 56 (21 February 2024)
The court found that the statements published by the respondents in the Circular were defamatory of the applicant, damaging his reputation by suggesting misconduct, threats, and involvement in corruption. The respondents failed to discharge the onus of proving the truth of the statements or that their publication was for the public benefit or amounted to fair comment. The communications relied upon by the respondents did not substantiate the alleged threats or misconduct. The applicant established a clear right to protection of his reputation, a reasonable apprehension of future injury, and t…
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Katz v Welz and Another (22440/2014) [2021] ZAWCHC 76 (26 April 2021)
The High Court held Noseweek defamed attorney Leonard Katz by alleging fraud, fake court orders, and double billing, and awarded damages and costs.
Mulaudzi v Powell (494/2020) [2021] ZAWCHC 57 (26 March 2021)
Interlocutory discovery application in a defamation case: the court ordered discovery of board minutes, complaints, salary slips, and related pleadings.
Soyi v Daily Dispatch and Another (EL448/2015, ECD848/2015) [2018] ZAECELLC 9 (20 September 2018)
Defamation claim over a Daily Dispatch article succeeded. The court rejected truth/public benefit and reasonable publication defences and awarded R20,000.
Branko v Moffat and Another (30069/12) [2014] ZAGPJHC 304 (10 June 2014)
High Court defamation matter involving boxing promoter Milenkovic Branko and statements by Boxing South Africa’s CEO about Noni Tenge’s title defence.
Modiri v Minister of Safety and Security and Others (581/2010) [2011] ZASCA 153; 2011 (6) SA 370 (SCA); [2012] 1 All SA 154 (SCA) (28 September 2011)
The SCA held that a newspaper article about police suspicions of the appellant was substantially true in its sting and published for public benefit.
Citizen 1978 (Pty) Ltd v McBride (277/08) [2010] ZASCA 5; 2010 (4) SA 148 (SCA) ; [2010] 3 All SA 46 (SCA) (26 February 2010)
The majority held that once amnesty has been granted under the Promotion of National Unity and Reconciliation Act, the person is no longer considered to have committed the offence for which amnesty was granted, and any conviction is deemed not to have taken place. Therefore, branding the respondent a murderer and criminal in respect of those acts is false and defamatory. The defence of fair comment failed because the facts on which the comment was based were not true in law after amnesty. The respondent's action succeeded in respect of the defamatory allegations that he was unsuited to be app…
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Roberts v Johncom Media Investments Limited (8677/04) [2007] ZAWCHC 1 (8 January 2007)
The court found that the statements complained of were either not defamatory or, if defamatory, were substantially true and published in the public interest. The plaintiff's conduct, particularly in relation to the SABC complaint, was obsessive and vindictive, justifying the characterisation in the article. The defendant acted reasonably in publishing the researched article, relying on a careful and meticulous journalist. The plaintiff's contradictory and unconvincing evidence undermined his case. The court held that the defendant was not negligent and that the publication was lawful. Regardi…
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Thebe Investment Corporation (Pty) Ltd and Another v Steere and Others [2005] ZAGPHC 368; 20/05/01 (5 August 2005)
Court refused an interim interdict to stop allegedly defamatory publications, finding no clear right and that the respondents’ undertakings were not tenders.
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