,LCR4805 Assignment 1 Semester 2 2025 - Due 12
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Solved, Explanations and Solutions
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Question 1: Defamation
a) With reference to applicable law, critically discuss the
liability of Mary to a claim of defamation. (10)
In South African law, defamation is the unlawful and
intentional publication of a defamatory statement concerning
another person, which has the effect of injuring that person’s
reputation in the eyes of the community.
To succeed in a defamation claim, the plaintiff (John) must
prove the following three elements:
1. Publication – The statement must be communicated to at
least one person other than the plaintiff.
2. Defamatory content – The content must lower the
person’s esteem or reputation in the eyes of right-
thinking members of society.
3. Reference to the plaintiff – The statement must clearly
refer to the plaintiff.
Application to the scenario:
, Publication: Mary posted the statement on John’s
Facebook wall. This was seen by many and attracted
negative comments. Therefore, publication is present.
Defamatory content: Accusing John of being a “thief and
a fraudster” implies criminal behaviour and dishonesty.
These are serious allegations and likely to damage John's
reputation, especially as a businessman.
Reference to the plaintiff: The post was made on John’s
profile and clearly refers to him, making this requirement
fulfilled.
Given that all elements are satisfied, prima facie defamation is
established.
In South African law, once prima facie defamation is proven,
the law presumes:
The statement was wrongful, and
The defendant acted with intention (animus iniuriandi)
It is then up to Mary to raise a valid defence to rebut this
presumption. If she fails, she will be held liable.
b) If Mary is liable to a claim of defamation, discuss if there
are any defences available on which Mary may rely. (5)
Mary may attempt to rely on the following defences to
defamation:
August 2025; 100 % TRUSTED workings, Expert
Solved, Explanations and Solutions
MULTIPLE CHOICE ASSURED EXCELLENCE
Question 1: Defamation
a) With reference to applicable law, critically discuss the
liability of Mary to a claim of defamation. (10)
In South African law, defamation is the unlawful and
intentional publication of a defamatory statement concerning
another person, which has the effect of injuring that person’s
reputation in the eyes of the community.
To succeed in a defamation claim, the plaintiff (John) must
prove the following three elements:
1. Publication – The statement must be communicated to at
least one person other than the plaintiff.
2. Defamatory content – The content must lower the
person’s esteem or reputation in the eyes of right-
thinking members of society.
3. Reference to the plaintiff – The statement must clearly
refer to the plaintiff.
Application to the scenario:
, Publication: Mary posted the statement on John’s
Facebook wall. This was seen by many and attracted
negative comments. Therefore, publication is present.
Defamatory content: Accusing John of being a “thief and
a fraudster” implies criminal behaviour and dishonesty.
These are serious allegations and likely to damage John's
reputation, especially as a businessman.
Reference to the plaintiff: The post was made on John’s
profile and clearly refers to him, making this requirement
fulfilled.
Given that all elements are satisfied, prima facie defamation is
established.
In South African law, once prima facie defamation is proven,
the law presumes:
The statement was wrongful, and
The defendant acted with intention (animus iniuriandi)
It is then up to Mary to raise a valid defence to rebut this
presumption. If she fails, she will be held liable.
b) If Mary is liable to a claim of defamation, discuss if there
are any defences available on which Mary may rely. (5)
Mary may attempt to rely on the following defences to
defamation:
