LPL4802 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2024 (287381) -
DUE 16 August 2024
WHATSAPP: 0700422256
, LPL4802 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2024 (287381) - DUE 16 August 2024
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.
The case of Mdlekeza v Gallie 2021 (4) SA 531 (WCC) revolves around a defamation
claim arising from a Twitter post. The respondent, Ms. Gallie, accused the applicant, Mr.
Mdlekeza, of sexual assault in a tweet, which was widely retweeted and reported in
mainstream media. The court found the tweet to be plainly defamatory, particularly as it
contained an exaggerated version of events and was contrary to the respondent’s own
evidence1.
What Constitutes Defamation
Defamation involves the publication of a statement that injures a person’s reputation.
For a statement to be defamatory, it must:
1. Be published to a third party.
2. Refer to the plaintiff.
3. Be defamatory in nature, meaning it would lower the plaintiff’s standing in the
eyes of right-thinking members of society.
Court’s Handling of Defamation in Casu
In this case, the court determined that the tweet was defamatory as it falsely accused
Mr. Mdlekeza of a serious crime, thereby damaging his reputation. The court rejected
the defense of justification, which was based on the pursuit of social justice, as
untenable1.
Two-Stage Inquiry
The court employed a two-stage inquiry to assess the defamation claim:
(COMPLETE ANSWERS)
Semester 2 2024 (287381) -
DUE 16 August 2024
WHATSAPP: 0700422256
, LPL4802 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2024 (287381) - DUE 16 August 2024
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.
The case of Mdlekeza v Gallie 2021 (4) SA 531 (WCC) revolves around a defamation
claim arising from a Twitter post. The respondent, Ms. Gallie, accused the applicant, Mr.
Mdlekeza, of sexual assault in a tweet, which was widely retweeted and reported in
mainstream media. The court found the tweet to be plainly defamatory, particularly as it
contained an exaggerated version of events and was contrary to the respondent’s own
evidence1.
What Constitutes Defamation
Defamation involves the publication of a statement that injures a person’s reputation.
For a statement to be defamatory, it must:
1. Be published to a third party.
2. Refer to the plaintiff.
3. Be defamatory in nature, meaning it would lower the plaintiff’s standing in the
eyes of right-thinking members of society.
Court’s Handling of Defamation in Casu
In this case, the court determined that the tweet was defamatory as it falsely accused
Mr. Mdlekeza of a serious crime, thereby damaging his reputation. The court rejected
the defense of justification, which was based on the pursuit of social justice, as
untenable1.
Two-Stage Inquiry
The court employed a two-stage inquiry to assess the defamation claim:
