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LPL4802 Assignment 1 Semester 2 2024 (287381) - DUE 16 August 2024 R50,00   Add to cart

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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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  • July 18, 2024
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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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