2024 Case Study

2024 proposed case study
ACTION PROCEEDINGS
Thabo Masilo and Mpho Moyo both work for ABC Company, a computer tech
company, as sales representatives. On the 19th of January 2023, the director of
ABC Company, Mr Alfred Magongwa called for a staff meeting to commence at
15h00. During the meeting, the director stated that it had come to his attention
that a number of six new computers were stolen from the store and
unfortunately on the evening in question, the store surveillance cameras were
also destroyed. He encouraged the staff to come forth with any information that
might assist the investigation.
The following day, Mpho alleged in an email intended for the Director that he
recently saw Thabo with a new computer, of the exact design that was stolen,
and perhaps the Director of the firm should ‘look into Thabo’ as a start.
Unfortunately he mistakenly added a letter to the Director’s email address and
the email was sent to Lerato, another employee working in the store. Lerato
showed Thabo the email. Thabo retaliated by replying to Lerato, who was at the
time standing together with Lebo; ‘unlike Mpho, I can afford to buy myself a new
computer and I have the receipts to prove the transaction’. He further uttered:
‘Mpho can barely afford to settle his debts so he is the thief’. As a result, both
Thabo and Mpho were suspended pending an investigation into the theft.
Plaintiff’s case
Thabo wishes to sue Mpho for defamation of character to the amount of R51
000, 00. He denies being the thief and has a receipt to prove that he bought his
new laptop. He had recently applied for the Manager’s post at the store and as a
result of his suspension, he worries he may be overlooked. He alleges his
character has been damaged.
Defendant’s case
Mpho denies that it was his intention to damage Thabo’s reputation. The email
was meant for the Director and not anybody else at the firm. He wishes to sue
Thabo for defamation of character in the amount of R62 000, 00 too as he did
confide in Thabo that he was having financial troubles and now both Lerato and
Lebo know about his troubles. Moreover as a result, he is afraid he might be
dismissed from work and will not be able to take care of his family.
Task: Exchange the necessary pleadings and notices to execute your client’s
claim.
For the instructors:
Source: https://www.legalwise.co.za/help-yourself/legal-articles/understanding-
basics-defamation#:~:text=What%20is%20defamation,to%20the%20police.
What is defamation?
• Defamation is defined as an unlawful publication of a statement made by a

person (“defamer”) about another person (“defamed”). Publication generally
refers to instances where a third party hears or reads the statement.
• The statement causes harm to the defamed’s good name, reputation and dignity.
• Defamatory statements include:
o those affecting a person’s moral, political or personal character, for
example, by stating that a person is dishonest, corrupt or a criminal;
o those relating to a person’s occupation, for example, by stating that a
person is an incompetent doctor;
o those causing financial embarrassment, for example, by stating that a
person cannot pay his/her debts; or
o insults, false accusations, vulgar language and profanity like a swear
word.
What does a defamed person need to prove in court?
• There are requirements that must be met before a claim of defamation can
succeed in court.
• These requirements are:
o publication of a statement (verbal and/or written);
o the defamer must intend to defame a person;
o there must be harm or injury; and
o the publication must violate a person’s right to his/her good name,
reputation and dignity.
What remedies are available to a defamed person?
• A defamed person can prevent defamation by approaching the court for an

interdict or instituting a claim of compensation for damage.
• A defamed person may also be awarded compensation for special damage in the
form of patrimonial loss. This means that s/he incurred a loss in the reduction of
his/her financial position as a result of the defamatory statement. For example, if
the defamatory statements cause the defamed to lose his/her job, s/he can claim
for loss of income.
• The court will exercise a wide discretion in determining compensation for
damage. The court applies an objective test and it will have regard to all the
factors and views of society.
• Factors which the court may take into account are:
o Statements containing allegations of crimes: serious crimes may cause
greater harm to a defamed person’s good name and reputation than
allegations of minor crimes.
o Statements published to groups of people: statements made to a wider
group may attract a higher award of damages than a statement published
to a limited number of people.
o Evidence of character: a defamed person may provide evidence of his/her
good character and the defamer may provide evidence of the defamed
person’s bad character.
o An apology: Expressions of regret will be considered relevant by the court
to mitigate the harm or injury.
• The court will look at whether the reasonable man in the street would regard a
statement as defamatory.
What defences are available against a claim of defamation?
• For a defamer to escape liability, s/he must prove that the publication of the
statement was:
o true and published for the public benefit;
o privileged, such as between an Attorney and Client;
o published in terms of law, for example during the investigation of a crime;
o in the course of court proceedings;
o published in self-defence; or
o published with the consent of the defamed person.
• If the defamatory statement comes with physical assault and threats of violence,
it is also a criminal matter that must be reported to the police.
MOTION/APPLICATION PROCEEDINGS
Same facts but only Thabo brings an urgent application for an interdict to stop
Mpho from further defaming his character.
Notice of motion will include prayers for urgency and opposing Counsel may
make use of any of the above defences.

2024 Case Study

Uploaded by

Copyright:

Available Formats

2024 Case Study

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2024 Case Study

Uploaded by

Copyright:

Available Formats

2024 proposed case study

For the instructors:

• Defamation is defined as an unlawful publication of a statement made by a

What does a defamed person need to prove in court?

What remedies are available to a defamed person?

• A defamed person can prevent defamation by approaching the court for an

What defences are available against a claim of defamation?

You might also like