PVL3703
Law of delict
Student number:
Assignment 01
Semester 2
Due date: 16 August 2024
QUESTION 1:
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.
You should:
Read Chapter 5, paragraph 5.8 (Defamation)
Read Chapter 14, paragraph 14.10.3 (Infringement of fama through defamation,
malicious proceedings and unlawful attachment of property)
Study Chapter 15, paragraph 15.3.2 (Defamation) of the prescribed textbook and the
corresponding lessons before attempting this question.
[TOTAL MARKS 25]
Law of delict
Student number:
Assignment 01
Semester 2
Due date: 16 August 2024
QUESTION 1:
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.
You should:
Read Chapter 5, paragraph 5.8 (Defamation)
Read Chapter 14, paragraph 14.10.3 (Infringement of fama through defamation,
malicious proceedings and unlawful attachment of property)
Study Chapter 15, paragraph 15.3.2 (Defamation) of the prescribed textbook and the
corresponding lessons before attempting this question.
[TOTAL MARKS 25]
