LPL4802 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2024 (287381) -
DUE 16 August 2024
, LPL4802 Assignment 1 (COMPLETE
ANSWERS) 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
Critical Discussion: Mdlekeza v Gallie 2021 (4) SA 531 (WCC)
Topic: Defamation and Claim for Damages (Excluding the Prescription Act)
Overview of the Case:
In Mdlekeza v Gallie [2021] (4) SA 531 (WCC), the plaintiff, Mdlekeza, sued
the defendant, Gallie, for defamation following certain defamatory Facebook
posts made by the defendant that allegedly injured the plaintiff’s dignity and
reputation. The case was heard in the Western Cape High Court.
1. What Constitutes Defamation?
Under South African law, defamation is the unlawful and intentional
publication of a defamatory statement concerning another person that injures
their good name and reputation.
To prove defamation, the plaintiff must show:
A statement was made,
It was published to a third party,
It was defamatory in nature,
It referred to the plaintiff.
ANSWERS) Semester 2 2024 (287381) -
DUE 16 August 2024
, LPL4802 Assignment 1 (COMPLETE
ANSWERS) 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
Critical Discussion: Mdlekeza v Gallie 2021 (4) SA 531 (WCC)
Topic: Defamation and Claim for Damages (Excluding the Prescription Act)
Overview of the Case:
In Mdlekeza v Gallie [2021] (4) SA 531 (WCC), the plaintiff, Mdlekeza, sued
the defendant, Gallie, for defamation following certain defamatory Facebook
posts made by the defendant that allegedly injured the plaintiff’s dignity and
reputation. The case was heard in the Western Cape High Court.
1. What Constitutes Defamation?
Under South African law, defamation is the unlawful and intentional
publication of a defamatory statement concerning another person that injures
their good name and reputation.
To prove defamation, the plaintiff must show:
A statement was made,
It was published to a third party,
It was defamatory in nature,
It referred to the plaintiff.
