Mtyhopo v South African Municipal Workers Union National Provident Fund (CCT 48/15) [2015] ZACC 32 (1 October 2015) per Cameron J [unanimous]

Today the Constitutional Court allowed an appeal and unanimously held that the appellant and his group were entitled to feel aggrieved about a payment of R800 000 and they were entitled to regard it as a scandal. They challenged the Fund to account more fully for what had happened to the money.  Their grievance ‘embroiled’ the Fund in the scandal.  The statement in The Herald’s article that the Fund “was embroiled in a scandal in which R800 000 was allegedly stolen” was true and not defamatory.  Even if it was not factual it was a comment or opinion that appellant was entitled to hold and express.  That meant that the Fund was never entitled to an interdict.

The Constitutional Court overturned this unreported judgement of the High Court: South African Municipal Workers Union, National Provident Fund v Mtyhopo (1247/2013) [2014] ZAECGHC 48 (12 June 2014) per Tshiki J.