lOMoAR cPSD| 27753314
LPL4802 ASSIGNMENT 01
INTRODUCTION TO CRIMINOLOGY^ Crime offenders and criminal behaviour
(university of south Africa)
)
, lOMoAR cPSD| 27753314
SEMESTER 1- 2023
ASSIGNMENT 01
In the case of Economic Freedom Fighters and Others v Manuel 2021 the court aptly
stated that an unliqidated claim for damages must be pursued by institution of an
action. This case was brought before the High Court. The conundrum that was being
focused on here was that the applicant had issued a media statement which the
respondent claimed was false and defamatory and the publication of such was
unlawful. The respondent asked the applicant to withdraw their statement made as it
was defamatory to him however, this was denied. The respondent then instituted a
motion proceeding in the High Court claiming the relief which included an order that
the statement be removed from all EFF media platforms including Twitter accounts
of the EFF. Another relief that was sought was order for the publication of a reaction
and apology, costs on an attorney and client scale, an interdict against future and
further publication and damages in an amount of R500 000.
The court stressed the reasons in support of accepted practice that general
damages for defamation must be instituted in an action proceeding. It should be
taken into a deeper consideration that some of these reasons are that unliquidated
claim for damages must be in direct line with or rather must be pursued by institution
of an action. The court further elucidated that when an aggrieved victim of a
defamatory statement seeks compensation. That has always been the position and it
is reflected in the Uniform Rules of Court. Uniform Rule 17(2) compels a person
claiming unliquidated damages to use a long-form summons and file particulars of
claim, and Uniform Rule 18(10) obliges a plaintiff suing for damages to set them for
personal injury that the rule requires even greater specificity.
Summary judgment proceedings, regulated by Uniform Rule 32, are limited to claims
based on a liquid document, a liquidated amount in money, the delivery of specified
movable property, and ejectment. It is not a remedy available in respect of claims for
unliquidated damages. One of the crucial facts that were outlined in this case in
respect for unliquidated damages was that damages by their very nature involve a
determination by the court of an amount that is just and reasonable in the light of a
LPL4802 ASSIGNMENT 01
INTRODUCTION TO CRIMINOLOGY^ Crime offenders and criminal behaviour
(university of south Africa)
)
, lOMoAR cPSD| 27753314
SEMESTER 1- 2023
ASSIGNMENT 01
In the case of Economic Freedom Fighters and Others v Manuel 2021 the court aptly
stated that an unliqidated claim for damages must be pursued by institution of an
action. This case was brought before the High Court. The conundrum that was being
focused on here was that the applicant had issued a media statement which the
respondent claimed was false and defamatory and the publication of such was
unlawful. The respondent asked the applicant to withdraw their statement made as it
was defamatory to him however, this was denied. The respondent then instituted a
motion proceeding in the High Court claiming the relief which included an order that
the statement be removed from all EFF media platforms including Twitter accounts
of the EFF. Another relief that was sought was order for the publication of a reaction
and apology, costs on an attorney and client scale, an interdict against future and
further publication and damages in an amount of R500 000.
The court stressed the reasons in support of accepted practice that general
damages for defamation must be instituted in an action proceeding. It should be
taken into a deeper consideration that some of these reasons are that unliquidated
claim for damages must be in direct line with or rather must be pursued by institution
of an action. The court further elucidated that when an aggrieved victim of a
defamatory statement seeks compensation. That has always been the position and it
is reflected in the Uniform Rules of Court. Uniform Rule 17(2) compels a person
claiming unliquidated damages to use a long-form summons and file particulars of
claim, and Uniform Rule 18(10) obliges a plaintiff suing for damages to set them for
personal injury that the rule requires even greater specificity.
Summary judgment proceedings, regulated by Uniform Rule 32, are limited to claims
based on a liquid document, a liquidated amount in money, the delivery of specified
movable property, and ejectment. It is not a remedy available in respect of claims for
unliquidated damages. One of the crucial facts that were outlined in this case in
respect for unliquidated damages was that damages by their very nature involve a
determination by the court of an amount that is just and reasonable in the light of a
