, LCR4805 Assignment 1 (complete answers) Semester 2 Memo | Due 12 August
2025; 100% CORRECT AND TRUSTED SOLUTIONS
Question 1
John and Mary are undergoing a divorce that John initiated due to his newfound
romantic interest, which has led him to no longer love Mary. John is a businessman
who operates an investment company. Meanwhile, Mary is still in love with John
and feels anger towards him for his departure. In a fit of spite, Mary posts on
John’s Facebook wall, accusing him of being a thief and a fraudster, warning
others not to trust him with their finances. This Facebook post receives numerous
negative comments, consequently harming John’s business financially.
(a) With reference to applicable law, critically discuss the liability of Mary to a
claim of defamation.
[10 Marks]
1. Introduction to Defamation in South African Law
Defamation is a delict (a civil wrong) under the law of delict in South Africa. It is
defined as the unlawful and intentional publication of a defamatory statement
concerning another person, which tends to injure that person’s reputation in
the eyes of the community. The right to reputation is protected under both
common law and the Constitution—particularly section 10 (right to dignity) and
section 14 (right to privacy) of the Constitution of the Republic of South Africa,
1996.
To succeed in a claim for defamation, the plaintiff (in this case, John) must prove
the elements of defamation, after which the onus shifts to the defendant (Mary)
to raise a valid defence.
2. Elements of Defamation and Application to the Facts
Let us evaluate the five elements of defamation to assess Mary’s liability:
2.1 Publication
2025; 100% CORRECT AND TRUSTED SOLUTIONS
Question 1
John and Mary are undergoing a divorce that John initiated due to his newfound
romantic interest, which has led him to no longer love Mary. John is a businessman
who operates an investment company. Meanwhile, Mary is still in love with John
and feels anger towards him for his departure. In a fit of spite, Mary posts on
John’s Facebook wall, accusing him of being a thief and a fraudster, warning
others not to trust him with their finances. This Facebook post receives numerous
negative comments, consequently harming John’s business financially.
(a) With reference to applicable law, critically discuss the liability of Mary to a
claim of defamation.
[10 Marks]
1. Introduction to Defamation in South African Law
Defamation is a delict (a civil wrong) under the law of delict in South Africa. It is
defined as the unlawful and intentional publication of a defamatory statement
concerning another person, which tends to injure that person’s reputation in
the eyes of the community. The right to reputation is protected under both
common law and the Constitution—particularly section 10 (right to dignity) and
section 14 (right to privacy) of the Constitution of the Republic of South Africa,
1996.
To succeed in a claim for defamation, the plaintiff (in this case, John) must prove
the elements of defamation, after which the onus shifts to the defendant (Mary)
to raise a valid defence.
2. Elements of Defamation and Application to the Facts
Let us evaluate the five elements of defamation to assess Mary’s liability:
2.1 Publication
