Phaleng-Podile v Dovey (28223/2020)
Phaleng-Podile v Dovey (28223/2020) [2022] ZAGPJHC 656 (6 September 2022)
The court found that, although the word 'racist' is capable of being defamatory, in the specific context of the Whatsapp group exchange, reasonable members would not have thought less of the applicant as a result of the respondent's statement. The context included prior insults by the applicant and interventions by other group members and the chairman, which made it clear the respondent's comment was unjustified and not taken seriously. The applicant failed to plead a claim for iniuria, which might have succeeded on the evidence, but any damages awarded would have been nominal given her own c…
Source excerpt
- Defamation
- Injuria
- Whatsapp Group Publication
- Damages Quantum
- Interdict Requirements