, LCR4805 Assignment 1
Semester 2 2025(835374)
DUE 12 August 2025
Use this document as a guide and for references to answer your assignment
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)
Defamation is a wrongful, intentional publication of a statement about someone that is defamatory
and causes harm to their reputation.In South African law, defamation is defined as:The unlawful
and intentional publication of a defamatory statement concerning another person.
To establish defamation under South African law, the following elements must be present:
1. Publication
The statement must be communicated to at least one person other than John.
Posting on Facebook constitutes publication, as it was visible to the public and attracted
negative comments.
Satisfied.
2. Defamatory Content
A statement is defamatory if it tends to injure the reputation of the person in the eyes of the
community.
Mary accused John of being “a thief and a fraudster” and warned others not to trust him with
their finances.
This imputes criminal conduct (theft and fraud) and dishonesty, which would seriously lower
John’s reputation, especially as a businessman.
Satisfied.
3. Reference to the Plaintiff
The post explicitly named John, leaving no doubt as to the person referred to.
Satisfied.
Semester 2 2025(835374)
DUE 12 August 2025
Use this document as a guide and for references to answer your assignment
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)
Defamation is a wrongful, intentional publication of a statement about someone that is defamatory
and causes harm to their reputation.In South African law, defamation is defined as:The unlawful
and intentional publication of a defamatory statement concerning another person.
To establish defamation under South African law, the following elements must be present:
1. Publication
The statement must be communicated to at least one person other than John.
Posting on Facebook constitutes publication, as it was visible to the public and attracted
negative comments.
Satisfied.
2. Defamatory Content
A statement is defamatory if it tends to injure the reputation of the person in the eyes of the
community.
Mary accused John of being “a thief and a fraudster” and warned others not to trust him with
their finances.
This imputes criminal conduct (theft and fraud) and dishonesty, which would seriously lower
John’s reputation, especially as a businessman.
Satisfied.
3. Reference to the Plaintiff
The post explicitly named John, leaving no doubt as to the person referred to.
Satisfied.
