[Date]
LPL4802 Assignment 1
Semester 2 2024
(287381) - DUE 16
August 2024
QUESTIONS WITH COMPLETE ANSWERS
, LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024
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.
Assignment: Critical Discussion of Mdlekeza v Gallie 2021 (4) 531 (WCC)
Introduction
In the case of Mdlekeza v Gallie 2021 (4) 531 (WCC), the court examined the elements
of defamation and the corresponding claim for damages. This analysis will cover what
constitutes defamation, the court’s handling of the case, the two-stage inquiry,
mitigating and aggravating factors, and my personal view of the decision.
What Constitutes Defamation
Defamation involves the wrongful and intentional publication of words or behavior
concerning another person that has the effect of injuring their reputation. The key
elements of defamation include:
• Publication: The statement must be communicated to at least one person other
than the plaintiff.
LPL4802 Assignment 1
Semester 2 2024
(287381) - DUE 16
August 2024
QUESTIONS WITH COMPLETE ANSWERS
, LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024
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.
Assignment: Critical Discussion of Mdlekeza v Gallie 2021 (4) 531 (WCC)
Introduction
In the case of Mdlekeza v Gallie 2021 (4) 531 (WCC), the court examined the elements
of defamation and the corresponding claim for damages. This analysis will cover what
constitutes defamation, the court’s handling of the case, the two-stage inquiry,
mitigating and aggravating factors, and my personal view of the decision.
What Constitutes Defamation
Defamation involves the wrongful and intentional publication of words or behavior
concerning another person that has the effect of injuring their reputation. The key
elements of defamation include:
• Publication: The statement must be communicated to at least one person other
than the plaintiff.
