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LPL4802
Law of Damages
ASSIGNMENT 1 ESSAY
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: - 287381
DUE DATE: - 16 AUGUST 2024
Includes Footnotes and/or Bibliography.
2 ESSAY MEMO OPTIONS INCLUDED – SEE PAGE 1
ASSIGNMENT PREVIEW
QUESTION 1:
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.
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, QUESTION 1:
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) SA 531 (WCC)
Introduction
The case of Mdlekeza v Gallie 2021 (4) SA 531 (WCC) revolves around a defamation
claim brought by Mr. Malizole Mdlekeza against Ms. Gallie, following a defamatory tweet
accusing him of sexual assault.
This essay critically examines the court’s decision, focusing on the elements of
defamation, the two-stage inquiry, and the assessment of damages, while referencing the
textbook Law of Damages by Visser and Potgieter.1
Defamation and Its Elements
Defamation is defined as the unlawful and intentional publication of a statement that
injures another person’s reputation.2For a statement to be considered defamatory, it
must:
1. Be published.
1 Potgieter JM, Steynberg L & Floyd TB Visser & Potgieter Law of Damages 3rd ed. (2012) Juta: Cape Town.
2 Potgieter JM, Steynberg L & Floyd TB Visser & Potgieter Law of Damages 3rd ed. (2012) Juta: Cape Town.
