LCR4805
Assignment 1
Semester 2 2025
Due 12 August 2025
, LCR4805
Assignment 1
Semester 2 2025
Due 12 August 2025
Question 1(a): Critical Discussion of Mary’s Liability for Defamation
Definition and Elements of Defamation
Under South African common law, defamation is committed when a person unlawfully
and intentionally publishes a defamatory statement concerning another, causing actual
or presumed harm to their reputation.
To succeed, the plaintiff must establish five cumulative elements:
▪ a defamatory statement,
▪ publication to a third party,
▪ wrongfulness,
▪ intention (animus iniuriandi),
▪ harm to reputation.
Defamatory Statement
Mary accused John of being a “thief and fraudster” and explicitly warned others not to
trust him with money. These statements are not mere insults or hyperbole—they
constitute direct allegations of criminal conduct and dishonesty. South African courts
have consistently held that statements imputing theft, fraud, or corruption are prima
facie defamatory. In Khumalo v Holomisa 2002 (5) SA 401 (CC), the Constitutional
Court affirmed that a statement is defamatory if it tends to diminish a person’s esteem
or standing in the eyes of reasonable members of society.
Assignment 1
Semester 2 2025
Due 12 August 2025
, LCR4805
Assignment 1
Semester 2 2025
Due 12 August 2025
Question 1(a): Critical Discussion of Mary’s Liability for Defamation
Definition and Elements of Defamation
Under South African common law, defamation is committed when a person unlawfully
and intentionally publishes a defamatory statement concerning another, causing actual
or presumed harm to their reputation.
To succeed, the plaintiff must establish five cumulative elements:
▪ a defamatory statement,
▪ publication to a third party,
▪ wrongfulness,
▪ intention (animus iniuriandi),
▪ harm to reputation.
Defamatory Statement
Mary accused John of being a “thief and fraudster” and explicitly warned others not to
trust him with money. These statements are not mere insults or hyperbole—they
constitute direct allegations of criminal conduct and dishonesty. South African courts
have consistently held that statements imputing theft, fraud, or corruption are prima
facie defamatory. In Khumalo v Holomisa 2002 (5) SA 401 (CC), the Constitutional
Court affirmed that a statement is defamatory if it tends to diminish a person’s esteem
or standing in the eyes of reasonable members of society.
