LPL4802 Assignment 1
Semester 2 2024
(287381) - DUE 16
August 2024
[Company address]
, 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.
To critically discuss the decision in Mdlekeza v Gallie 2021 (4) 531 (WCC),
focusing on defamation and the claim for damages, we should analyze the
following aspects:
1. What Constitutes Defamation:
o Definition: Defamation involves the publication of a statement that
injures a person's reputation. It can be in the form of libel (written) or
slander (spoken).
o Elements: The essential elements of defamation include:
▪ Publication: The defamatory statement must be communicated
to a third party.
▪ Falsity: The statement must be false.
▪ Injury: The statement must cause harm to the person’s
reputation.
▪ Fault: The person making the statement must be at fault,
ranging from negligence to actual malice.
Semester 2 2024
(287381) - DUE 16
August 2024
[Company address]
, 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.
To critically discuss the decision in Mdlekeza v Gallie 2021 (4) 531 (WCC),
focusing on defamation and the claim for damages, we should analyze the
following aspects:
1. What Constitutes Defamation:
o Definition: Defamation involves the publication of a statement that
injures a person's reputation. It can be in the form of libel (written) or
slander (spoken).
o Elements: The essential elements of defamation include:
▪ Publication: The defamatory statement must be communicated
to a third party.
▪ Falsity: The statement must be false.
▪ Injury: The statement must cause harm to the person’s
reputation.
▪ Fault: The person making the statement must be at fault,
ranging from negligence to actual malice.
