LCR4805
Assignment 1
Semester 2 2025
Due 12 August 2025
, LCR4805
Assignment 1
Semester 2 2025
Due 12 August 2025
Question 1(a): Critical Discussion of Mary’s Liability for Defamation
Definition and Elements of Defamation
Under South African common law, defamation occurs when a person unlawfully and
intentionally publishes a defamatory statement about another that results in reputational
harm. To prove liability, five elements must be satisfied:
(1) a defamatory statement,
(2) publication to a third party,
(3) wrongfulness,
(4) intention (animus iniuriandi), and
(5) actual or presumed harm to reputation.
These elements are assessed below in relation to Mary’s Facebook post concerning
John.
Defamatory Statement
Mary accused John of being a “thief and fraudster” and advised others not to trust him
with money. These statements allege criminal and unethical conduct, directly impugning
his moral character and professional trustworthiness. South African courts have
consistently recognised that allegations of dishonesty or criminality are prima facie
defamatory, as they are likely to lower the person’s reputation in the eyes of reasonable
members of society. This approach was confirmed in Khumalo v Holomisa 2002 (5) SA
401 (CC), where the court held that a statement is defamatory if it tends to diminish a
person’s status or dignity.
Assignment 1
Semester 2 2025
Due 12 August 2025
, LCR4805
Assignment 1
Semester 2 2025
Due 12 August 2025
Question 1(a): Critical Discussion of Mary’s Liability for Defamation
Definition and Elements of Defamation
Under South African common law, defamation occurs when a person unlawfully and
intentionally publishes a defamatory statement about another that results in reputational
harm. To prove liability, five elements must be satisfied:
(1) a defamatory statement,
(2) publication to a third party,
(3) wrongfulness,
(4) intention (animus iniuriandi), and
(5) actual or presumed harm to reputation.
These elements are assessed below in relation to Mary’s Facebook post concerning
John.
Defamatory Statement
Mary accused John of being a “thief and fraudster” and advised others not to trust him
with money. These statements allege criminal and unethical conduct, directly impugning
his moral character and professional trustworthiness. South African courts have
consistently recognised that allegations of dishonesty or criminality are prima facie
defamatory, as they are likely to lower the person’s reputation in the eyes of reasonable
members of society. This approach was confirmed in Khumalo v Holomisa 2002 (5) SA
401 (CC), where the court held that a statement is defamatory if it tends to diminish a
person’s status or dignity.
