Tag Archivesdefamation

When can a claim for defamation be instituted under the South African Law of Delict

As a point of departure, South African law of Delict recognises patrimonial and non-patrimonial loss/damages or harm which one can suffer. Patrimonial loss/damages refers to a monetary value which is claimed and usually goes hand in hand with non-patrimonial loss/damages. Non-patrimonial loss/damages specifically recognises three types of personality interests namely: corpus or bodily integrity, fama […]

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Your right of recourse for defamation of character

Defamation of character claims can be tricky,  as our Courts always try to preserve freedom of expression as enshrined in Section 16 of our Constitution.  But at the same time, the right to freedom of expression can also be limited and may not encroach on any other person’s rights, in this case the right to […]

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