, 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)
Introduction
The case of Mdlekeza v Gallie is significant in the context of
South African defamation law, particularly concerning how
damages are assessed. The court's decision provides valuable
insight into the application of defamation principles and the two-
stage inquiry used to determine whether damages are warranted.
Defamation and the Court's Approach
Defamation involves the wrongful and intentional publication of a
false statement that harms the reputation of an individual. The
elements that constitute defamation include:
1. Publication: The statement must be communicated to a third
party.
2. Falsity: The statement must be false.
3. Harm: The statement must cause harm to the plaintiff's
reputation.
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