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LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024
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LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024 QUESTIONS WITH DETAILED ANSWERS
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LPL4802 Assignment 1Semester 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.
Mdlekeza v Gallie 2021 (4) 531 (WCC): A Critical Discussion
Introduction
The case of Mdlekeza v Gallie 2021 (4) 531 (WCC) revolves around a defamation
claim where the plaintiff sought damages for reputational harm caused by the
defendant's statements. This case is significant in understanding the elements of
defamation, the judicial approach to determining defamation, and the factors considered
in awarding damages.
What Constitutes Defamation?
Defamation in South African law is the unlawful and intentional publication of a
defamatory statement concerning the plaintiff, which lowers the plaintiff's esteem in the
eyes of the community. For a statement to be considered defamatory, it must be:
1. Published: Communicated to at least one person other than the plaintiff.
2. Defamatory: Harmful to the plaintiff's reputation.
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