Nyathela and Another v National Arts Council of South Africa and Another (14562/2018)
Nyathela and Another v National Arts Council of South Africa and Another (14562/2018) [2022] ZAGPJHC 285 (29 April 2022)
The court found that the order was not granted erroneously, as the applicants were properly served with notice of the set down and their absence was due to an error by their attorneys. Rule 42 was therefore inapplicable. Under Rule 32 and the common law, the applicants failed to establish a bona fide defence to the defamation claim. Their allegations against the respondents had been investigated by independent firms and found to be baseless, and the applicants did not provide any factual justification for their statements. The court held that the applicants' criticisms of the investigations w…
Source excerpt
- Rescission Of Judgment
- Defamation
- Bona Fide Defence
- Rule 42
- Rule 32
- Truth In Public Benefit