LPL4802
Assignment 1 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number: 287381
Due Date: 16 August 2024
QUESTION 1 (3 DIFFERENT ANSWERS PROVIDED)
Defamation law in South Africa is principally concerned with protecting individuals' reputations
against unjustified harm. The law provides a mechanism for individuals to seek redress when
their good name, esteem, or reputation is intentionally harmed by a defamatory publication. This
protection is not merely for the sake of the individual but also for the societal interest in
preserving individual dignity and personal integrity. The case of Mdlekeza v Gallie 2021 (4) 531
(WCC) provides a detailed examination of the principles of defamation and the associated claim
for damages within the South African legal context.
Elements of defamation
Defamation in South African law is generally defined as the wrongful and intentional publication
of a defamatory statement concerning the plaintiff. For a statement to be considered defamatory,
it must lower the plaintiff’s reputation in the estimation of right-thinking members of society. The
elements of defamation include: Terms of use
By making use of this document you agree to:
• Use this document as a guide for learning, comparison and reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
• Fully accept the consequences should you plagiarise or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
Assignment 1 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number: 287381
Due Date: 16 August 2024
QUESTION 1 (3 DIFFERENT ANSWERS PROVIDED)
Defamation law in South Africa is principally concerned with protecting individuals' reputations
against unjustified harm. The law provides a mechanism for individuals to seek redress when
their good name, esteem, or reputation is intentionally harmed by a defamatory publication. This
protection is not merely for the sake of the individual but also for the societal interest in
preserving individual dignity and personal integrity. The case of Mdlekeza v Gallie 2021 (4) 531
(WCC) provides a detailed examination of the principles of defamation and the associated claim
for damages within the South African legal context.
Elements of defamation
Defamation in South African law is generally defined as the wrongful and intentional publication
of a defamatory statement concerning the plaintiff. For a statement to be considered defamatory,
it must lower the plaintiff’s reputation in the estimation of right-thinking members of society. The
elements of defamation include: Terms of use
By making use of this document you agree to:
• Use this document as a guide for learning, comparison and reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
• Fully accept the consequences should you plagiarise or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
