defamation and injuriandi Archives

Danger of charging employees: Defamation risks

by GilesFiles | Jan 10, 2025 | AB - Law generally, AB1 - Fairness principle or concept, Conduct unbecoming, Insights | 0 |

Danger of charging employees: Defamation risks It is inappropriate for employers to “charge” employees for unbecoming conduct that “reeks of criminality” but lacks a legal or factual basis for criminality...

Defamatory statements confirmed: Body Corporate liable

by GilesFiles | Nov 28, 2023 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Delict, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Roman Dutch law, Sectors, Topics | 0 |

Body Corporate of Sunnyside Gardens v EP When is body corporate liable for defamatory statements made by trustee concerning any member and how are damages assessed? “46. The Magistrate’s evaluation of the evidence in light...

Defamation claim allowed: Substantial damages awarded

by GilesFiles | Jul 21, 2023 | 2020 onwards, Absolution, Costs, Courts, High Court, High Court judges, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

KAB v Numsa Why was trade union member awarded substantial damages after defamation claim allowed relating to disclosure of HIV status? “[39] The Plaintiff claimed an amount of R1 000 000-00 from all three (3) Defendants....

Attorney restraining client: Total ban refused

by GilesFiles | May 22, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Private enterprises, Refused, Roman Dutch law, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unsubstantiated defamatory statement: Evidence rejected

by GilesFiles | Feb 2, 2023 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Private security, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

SLAPP suit defence: Defamation – abuse of process?

by GilesFiles | Nov 14, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Exceptions/special pleas, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Protectable interests, Public policy, Roman Dutch law, SA Majiedt, Sectors, Special pleas, Topics | 0 |

Mineral Sands Resources (Pty) Ltd v Reddell What is the essence of the defence of a SLAPP suit and is it confined to one of abuse of court processes or not? “[47] Distilled to its essence, the defence is really one of...

Defamatory false statement: Deficient cause pleaded

by GilesFiles | Sep 6, 2022 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Community schemes, Costs, Courts, Covid-19 issues, Delict, High Court, High Court judges, Insights, Judges, Legal Practice, Orders, Parties, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Topics | 0 |

P-P v D (Ambiance BC) When does a false statement become defamatory and lower a person in the estimation of right-thinking members of society generally? “32. In summary, the test is whether it is more likely, more probable...

Privileged occasion not statement: Defamation proved

by GilesFiles | Apr 28, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, Stated case, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Wrongful defamatory statements: Impugning employee dignity

by GilesFiles | Apr 13, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Logistics, Orders, Parties, Sectors, Special pleas, State Owned Enterprises, Suspensions, Topics, Transport & communication, Unlawful and void | 0 |

NPM v Prasa When are statements concerning employee conduct or performance made internally or externally by senior management wrongful and defamatory? “[50] The ordinary meaning of the words and the structure of the...

Subsidiarity principle considered: Interests of justice

by GilesFiles | Nov 12, 2021 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Delict, Disallowed, Exceptions/special pleas, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, M Madlanga, Orders, Parties, Review tests, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Claiming defamatory process: Proper factual basis

by GilesFiles | Oct 13, 2021 | A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Courts, Delict, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, Government, Hearing procedure, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Municipal, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Special pleas, State organs, Topics, Vicarious liability | 0 |

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

Publishing defamatory statements: Interdict refused

by GilesFiles | Aug 10, 2021 | 2020 onwards, Applications, Causes and defences, Central, Courts, Declaratory, Delict, Evidence & onus, Government, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Orders, Parties, Refused, Sectors, State organs, Topics | 0 |

Goberdan v Sitshetshe (NDPP) Publishing defamatory statements sought to be interdicted by some prosecutors in the National Prosecting Authority (NPA) but high court refused to grant the interdict because in making a value...

Tag: defamation and injuriandi