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South Africa Case Law

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Delict [2025] ZAFSHC 232

Sibiya v Morgan-Mashale (6342/2024)

Sibiya v Morgan-Mashale (6342/2024) [2025] ZAFSHC 232 (8 August 2025)

High Court defamation case over social media posts alleging crime-scene tampering and bribery; the court found plausible defences and discharged the rule nisi.

  • Defamation
  • Final Interdict
  • Protected Disclosures Act
  • Truth And Public Interest
  • Reasonable Publication
  • Final-interdict
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Delict [2025] ZAGPPHC 561

Newnet Properties (Pty) Ltd t/a Sunshine Hospital v Road Accident Fund and Another (062312/2024)

Newnet Properties (Pty) Ltd t/a Sunshine Hospital v Road Accident Fund and Another (062312/2024) [2025] ZAGPPHC 561 (22 May 2025)

The court found that the statement made by the second respondent on 15 March 2024, accusing the applicant of involvement in a corrupt scheme and overcharging, was clear, unequivocal, and defamatory. The respondents failed to provide sufficient factual basis or evidence to support their defences of truth, public interest, or fair comment. The answering affidavit was vague and lacked detail regarding the investigative reports allegedly relied upon. Applying the Plascon-Evans test, the court rejected the respondents' version as untenable. The continued publication of similar statements by the re…

  • Defamation
  • Final Interdict
  • Damages Quantification
  • Fair Comment Defence
  • Truth And Public Interest
  • Actio Iniuriarum
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Delict [2024] ZAGPJHC 638

Mkhwane v Dyakala (14102/2020)

Mkhwane v Dyakala (14102/2020) [2024] ZAGPJHC 638 (15 July 2024)

Defamation claim over WhatsApp messages dismissed: the court held the corruption allegations were substantially true and other remarks were fair comment.

  • Defamation
  • Fair Comment
  • Truth And Public Interest
  • Burden Of Proof
  • Municipal Corruption
  • Fair-comment
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Delict [2017] ZASCA 33

Media 24 Limited t.a Daily Sun and Another v Du Plessis (127/2016)

Media 24 Limited t.a Daily Sun and Another v Du Plessis (127/2016) [2017] ZASCA 33 (29 March 2017)

The Supreme Court of Appeal found that the article published by the appellants was not substantially true and contained several material inaccuracies that contributed to its defamatory sting. The appellants failed to verify the information provided by their sources and did not take reasonable steps to ensure accuracy, prioritizing speed of publication over journalistic diligence. The defence of truth and public interest was rejected as the article was not substantially true, and the defence of media privilege was also dismissed due to the lack of reasonable verification. The award of damages…

  • Defamation
  • Media Privilege
  • Reasonable Publication
  • Damages Assessment
  • Truth And Public Interest
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Delict [2015] ZAGPPHC 924

Moadira v Makheta (24604/2010)

Moadira v Makheta (24604/2010) [2015] ZAGPPHC 924 (3 December 2015)

The court found that the plaintiff failed to prove publication of the grievance letter beyond the Relations Office of the Municipality. The defendant established the defence of qualified privilege, as the letter was submitted in accordance with municipal procedures to the appropriate office. The plaintiff did not plead or prove malice or that the defamatory matter was not germane to the grievance process. The defence of truth and public interest failed because the defendant did not provide sufficient evidence to prove the truth of the corruption allegations. Consequently, judgment was granted…

  • Defamation
  • Qualified Privilege
  • Publication
  • Malice
  • Truth And Public Interest
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Delict [2015] ZAGPPHC 673

Southern Palace Investments 44 (Pty) Ltd and Another v Smalle and Another (63453/2013)

Southern Palace Investments 44 (Pty) Ltd and Another v Smalle and Another (63453/2013) [2015] ZAGPPHC 673 (25 September 2015)

The High Court held that a political press release and newspaper article were defamatory of the plaintiffs and awarded damages after rejecting truth and fair comment defences.

  • Defamation
  • Animus Iniuriandi
  • Fair Comment
  • Truth And Public Interest
  • Damages Assessment
  • Fair-comment
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Commercial And Corporate [2014] ZANWHC 20

Bailey and Others v Botshelo Water Board and Another (2554/2009)

Bailey and Others v Botshelo Water Board and Another (2554/2009) [2014] ZANWHC 20 (15 August 2014)

The court dismissed claims for general damages and defamation, holding the breach-of-contract claim unproved and the annual report publication substantially true and in the public interest.

  • Breach Of Contract
  • Confidentiality Clause
  • Defamation
  • Public Finance Management Act
  • General Damages
  • Truth And Public Interest
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Delict [2004] ZASCA 57

Independent Newspapers Holdings Ltd and Others v Suliman (49/2003)

Independent Newspapers Holdings Ltd and Others v Suliman (49/2003) [2004] ZASCA 57; [2004] 3 All SA 137 (SCA); 2005 (7) BCLR 641 (SCA) (28 May 2004)

The Supreme Court of Appeal held that the publication of the respondent's identity and photograph as a suspect in the Planet Hollywood bombing was defamatory and constituted an unlawful impairment of dignity. The court found that the sting of the articles lay in the allegation that the respondent, associated with Pagad, was arrested and prevented from leaving South Africa because he was suspected of complicity in the bombing. Although the police had genuine suspicion based on a tip-off, the publication of the respondent's identity prior to any formal charge or court appearance was not in the…

  • Defamation
  • Dignity
  • Invasion Of Privacy
  • Freedom Of Expression
  • Truth And Public Interest
  • Media Liability
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Delict [2003] ZASCA 151

Allie v Foodworld Stores Distribution Centre (Pty) Ltd and Others (353/02)

Allie v Foodworld Stores Distribution Centre (Pty) Ltd and Others (353/02) [2003] ZASCA 151; [2004] 1 All SA 369 (SCA); 2004 (2) SA 433 (SCA) (2 December 2003)

The Supreme Court of Appeal held that credibility findings based on demeanour can be overturned where the record and probabilities justify it, and dismissed a defamation/iniuria appeal.

  • Defamation
  • Iniuria
  • Truth And Public Interest
  • Credibility Findings
  • Justification Defence
  • Truth-and-public-interest
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.