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LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024
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QUESTIONS AND ANSWERS LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024
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[Company name]LPL4802
Assignment 1
Semester 2 2024
(287381) - DUE 16
August 2024
QUESTIONS AND ANSWERS
, 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.
Critical Discussion of Mdlekeza v Gallie 2021 (4) 531 (WCC) on Defamation and
Claim for Damages
What Constitutes Defamation
Defamation in South African law is defined as the unlawful and intentional publication of
a defamatory statement concerning another person. The elements that need to be
proven for a defamation claim include:
1. Publication: The statement must be communicated to someone other than the
person it concerns.
2. Defamatory Meaning: The statement must lower the person’s reputation in the
eyes of right-thinking members of society.
3. Unlawfulness: There must be no lawful justification for the statement.
4. Intention: The defendant must have intended to defame the plaintiff.
The Court's Treatment of Defamation in Mdlekeza v Gallie
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