South Africa Case Law

Roux v Powell (17499/18)

Roux v Powell (17499/18) [2019] ZAWCHC 132 (4 October 2019)

Court

Western Cape High Court, Cape Town

Case number

17499/18

Judge

Le Grange

The court found that, considering the statements in their full context and applying the concept of illocutionary force, the posts published by the defendant were defamatory of the plaintiff in their primary sense. The first post, prominently displayed and promoted via tags, became outdated and incorrect after the appeal exonerated the plaintiff, yet the defendant refused to remove it despite demand and factual inaccuracy. The court held that a reasonable person reading that a professional was found guilty of unprofessional conduct, even with an appeal pending, would have their estimation of t…

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• Defamation
• Wrongful Publication
• Professional Reputation
• Internet Publication

Moselakgomo v Media 24 Ltd and Others (2011/15359)

Moselakgomo v Media 24 Ltd and Others (2011/15359) [2014] ZAGPJHC 147 (17 July 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2011/15359

Judge

C. J. Claassen

The court found that the article in question did not contain any statement of fact asserting the plaintiff's guilt or wrongdoing. The repeated use of the word 'allegations' and the explicit clarification that the plaintiff had not been found guilty made it clear to a reasonable reader that the article was reporting on an investigation and suspension, not on proven misconduct. The absence of any pleaded innuendo meant the plaintiff's case rested solely on whether the article was per se defamatory. Applying the principle from Modiri v Minister of Safety and Security, the court held that the art…

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• Defamation
• Media Liability
• Wrongful Publication

Sher and Another v Vermaak (AR 197/13)

Sher and Another v Vermaak (AR 197/13) [2014] ZAKZPHC 8 (25 February 2014)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 197/13

Judges

Ploos van Amstel, K Pillay, Poyo-Dlwati

The court held that statements describing a club member as arrogant and as having poached members were not defamatory, and upheld the appeal.

• Defamation
• Wrongful Publication
• Protected Comment
• Quantum Of Damages
• Appeals
• Delict

Clifford v Erinvale Country Estate Home Owners Association (A 363/2009)

Clifford v Erinvale Country Estate Home Owners Association (A 363/2009) [2012] ZAWCHC 28 (17 April 2012)

Court

Western Cape High Court, Cape Town

Case number

A 363/2009

Judges

M I Samela, J I Cloete

High Court held that a letter to an architect’s clients was not defamatory; it only described a breakdown in relations. The cross-appeal was allowed and the claim dismissed with costs.

• Defamation
• Wrongful Publication
• Damages
• Costs Award
• Publication
• Civil-appeals

Van Rooyen v Vodacom Service Provider Company Ltd (Pty) (3652/2010)

Van Rooyen v Vodacom Service Provider Company Ltd (Pty) (3652/2010) [2011] ZAECPEHC 14 (24 March 2011)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3652/2010

Judge

Andrews

Default judgment in defamation claim over a credit bureau listing; the court ordered removal of the listing, damages of R50,000, and costs.

• Defamation
• Credit Bureau Listing
• Damages Quantification
• Wrongful Publication
• Credit-bureau-listing
• Damages-quantification