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, LPL4802 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (287381)
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Ensure your success with us . Critically discuss the decision of Mdlekeza v
Gallie 2021 (4) 531 (wcc) with specific reference to defamation and the claim
for damages in that respect. Do not include a discussion of the Prescription
Act. Your discussion should include (but not limited to) what constitutes
defamation and how the court dealt with this in casu, the two-stage inquiry,
mitigating and aggravating factors. You should include your personal view of
the decision in casu and provide reasons for your view.
Critically Discussing Mdlekeza v Gallie 2021 (4) 531 (WCC)
Overview of the Case
In the case of Mdlekeza v Gallie 2021 (4) 531 (WCC), the Western Cape
High Court dealt with a defamation claim where the plaintiff, Mdlekeza,
sought damages for defamatory statements allegedly made by the
defendant, Gallie. This case provides important insights into the
principles of defamation and the approach taken by the court in
adjudicating such claims.
Defamation: Elements and Application in the Case
Defamation involves the communication of false statements that harm
the reputation of an individual. For a successful defamation claim, the
plaintiff must establish: