, LCR4805 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 – DUE 12 August 2025; 100% correct
solutions and explanations.
Question 1:
a) Liability of Mary to a Claim of Defamation
1. Definition of Defamation
Defamation in South African law refers to the unlawful and
intentional publication of a defamatory statement concerning
another person, which has the effect of harming that person’s
reputation in the eyes of others. The common law recognizes
two forms of defamation: libel (written statements) and
slander (spoken statements), though modern law does not
strictly distinguish between the two.
2. Essential Elements of Defamation
To succeed in a defamation claim, the plaintiff (John) must
prove the following:
o Publication: That the statement was published or
communicated to at least one third party.
o Defamatory Nature: That the statement is defamatory,
meaning it would tend to lower the plaintiff’s reputation
in the estimation of reasonable members of society.
o Reference to Plaintiff: That the statement refers to the
plaintiff.
o Unlawfulness: That the publication was wrongful or
without a lawful justification.
o Fault (Animus Iniuriandi): That the defendant acted
with intent to injure the plaintiff’s dignity or reputation.
3. Application of the Law to Mary’s Conduct
a) Publication: Mary published the statement on a public
platform — John’s Facebook wall — which was visible to
Semester 2 2025 – DUE 12 August 2025; 100% correct
solutions and explanations.
Question 1:
a) Liability of Mary to a Claim of Defamation
1. Definition of Defamation
Defamation in South African law refers to the unlawful and
intentional publication of a defamatory statement concerning
another person, which has the effect of harming that person’s
reputation in the eyes of others. The common law recognizes
two forms of defamation: libel (written statements) and
slander (spoken statements), though modern law does not
strictly distinguish between the two.
2. Essential Elements of Defamation
To succeed in a defamation claim, the plaintiff (John) must
prove the following:
o Publication: That the statement was published or
communicated to at least one third party.
o Defamatory Nature: That the statement is defamatory,
meaning it would tend to lower the plaintiff’s reputation
in the estimation of reasonable members of society.
o Reference to Plaintiff: That the statement refers to the
plaintiff.
o Unlawfulness: That the publication was wrongful or
without a lawful justification.
o Fault (Animus Iniuriandi): That the defendant acted
with intent to injure the plaintiff’s dignity or reputation.
3. Application of the Law to Mary’s Conduct
a) Publication: Mary published the statement on a public
platform — John’s Facebook wall — which was visible to
