South Africa Case Law

Jacobs v Nkomo and Another (2023/019518)

Jacobs v Nkomo and Another (2023/019518) [2025] ZAGPJHC 285 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/019518

Judge

Cornelissen

The court found that the first respondent's statements were defamatory, wrongful, and intentional. The allegations of corruption, maladministration, and improper appointments were unsubstantiated and had been investigated and found to be baseless. The first respondent failed to discharge the onus of proving truth and public interest. The applicant demonstrated harm to his reputation and dignity, warranting declaratory and interdictory relief. The court held that compensatory relief such as retraction and apology could not be granted on motion and must be referred to oral evidence. Condonation…

Source excerpt

• Defamation
• Interdict
• Declaratory Relief
• Protected Disclosures Act
• Condonation
• Truth And Public Interest Defence

Kentz Overseas Ltd v McGillan (11384/2010)

Kentz Overseas Ltd v McGillan (11384/2010) [2011] ZAKZDHC 80 (12 November 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

11384/2010

Judge

Ploos van Amstel

The High Court confirmed an interdict restraining defamatory emails and unlawful interference with business relationships, but limited the scope of the rule nisi.

• Defamation
• Interdict
• Abuse Of Process
• Truth And Public Interest Defence
• Interdicts
• Urgent-applications

Hadjidakis and Others v Hall (2921/2001)

Hadjidakis and Others v Hall (2921/2001) [2002] ZAWCHC 5; [2002] 3 All SA 8 (C) (14 February 2002)

Court

Western Cape High Court, Cape Town

Case number

2921/2001

Judge

E Moosa

The High Court refused a final interdict over defamatory allegations, finding the respondent had raised a defence of truth and public interest.

• Defamation
• Final Interdict
• Truth And Public Interest Defence
• Onus Of Proof
• Motion Proceedings
• Resolution Of Factual Disputes