Category: Onus of proof

Publishing defamatory statements: Unlawfulness?

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Publishing defamatory statements: Truth and public interest

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Harassment claim rejected: Evidential onus considered

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Post-retirement benefits: Discretionary policy or practice

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Social origin differentiation: Objective assessment

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Defamatory statements penalised: Lawyer protected

Katz v Welz (Chaucer Publications) Defamatory statements made and published concerning a prominent attorney penalised in an action for damages which is one that seeks to protect the personal rights of persons, including the...

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Intoxicated senior management: Occupational accident?

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Contempt application refused: Compliance with order

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Producing relevant documents: Uniform Rule 35(12) applied

Democratic Alliance v Mkhwebane With regard to the onus and producing relevant documents the SCA confirmed that the term onus is not to be confused with the burden to adduce evidence (for example, that a document is privileged...

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Forensic investigation report: Disclosure and legal privilege

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Distrusting polygraph test: No direct evidence

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Bargaining council chairperson: No defence to defamation

Featherby v Zulu High court held that when defendant stated that the bargaining council chairperson was ‘going out of his way to protect the dishonest’ and that he resents those who do their work with honesty and integrity he...

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