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LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024
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LPL4802 Assignment1 Semester 2 2024
(287381) - DUE 16
August 2024
QUESTIONS AND ANSWERS
[School]
[Course title]
, 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.
The decision of Mdlekeza v Gallie 2021 (4) 531 (WCC) is significant in the
context of defamation law and the claim for damages. Below, we will critically
discuss this case with specific reference to defamation and the claim for damages,
covering what constitutes defamation, how the court handled it, the two-stage
inquiry, and mitigating and aggravating factors. A personal view of the decision
will also be provided.
What Constitutes Defamation
Defamation in South African law involves the wrongful and intentional publication
of defamatory material concerning the plaintiff, which tends to lower the plaintiff's
reputation in the eyes of right-thinking members of society. Defamation is based
on the following elements:
1. Publication: The statement must be made to a third party.
2. Defamatory Matter: The content must be harmful to the plaintiff's
reputation.
3. Reference to the Plaintiff: The defamatory statement must refer to the
plaintiff.
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