South Africa Case Law

Van der Westhuizen v Rieger (EL 500/2017)

Van der Westhuizen v Rieger (EL 500/2017) [2019] ZAECELLC 9 (7 March 2019)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 500/2017

Judge

V M Nqumse

The court found, on the balance of probabilities, that the defendant did utter the words set out in the particulars of claim, including racially charged and vulgar insults, and did assault the plaintiff with pepper spray. The context and content of the words, particularly 'go back to Duncan Village' and 'poes', were held to be derogatory, racially loaded, and intended to humiliate, thereby impairing the plaintiff's dignity. The court rejected the defendant's version regarding the pepper spray and found the plaintiff's evidence, despite exaggerations, sufficient to discharge the onus. The cour…

Source excerpt

• Injuria
• Verbal Insult
• Racial Discrimination
• Assault
• Damages
• Constitutional Dignity

Maithufi v Minister of Safety and Security of the Republic of South Africa (20382/05)

Maithufi v Minister of Safety and Security of the Republic of South Africa (20382/05) [2007] ZAGPHC 163 (4 July 2007)

Court

High Courts - Gauteng

Case number

20382/05

Judge

Mokgoatlheng

The High Court held that police conduct in stopping and insulting the plaintiff unlawfully infringed his dignity, awarding damages for injuria and costs.

• Dignity Infringement
• Actio Injuriarum
• Vicarious Liability
• Verbal Insult
• Constitutional Rights
• Damages For Injuria