of the case, I do not think the defend- ants were actuated by express malice; there was legal malice,of course, for which they, as the repeaters of the libel, were liable And, incidentally, a new conceptis to trouble the law of defamation: in place of animus injuriandi we are to...
South African case law dealing with issues of moral diversity has not been noticed. The otherwise very comprehensive historical section includes mention of Cooper'sA Handbook of the Law of Defamation and Verbal Injury(1894; 2nd edn, 1906) but misses Borthwick'sA Treatise on the Law of Libel ...
The geographical indeterminancy of the technology of the Internet collides regularly with the stark reality of the geographical determinacy of defamation actions. This reality is above and beyond the conflicts of law questions that bedevil all international litigation. It is an example of a larger pr...
The South African Law Commission (henceforth the Law Commission) has dismissed a proposal to introduce the non-pecuniary defamation remedy of the statutory right of reply in defamation actions. According to the Law Commission, the right of reply remedy is anSibanda, Omphemetse S...
This paper examines, from a historical and comparative perspective, the role of truth in the South African law of defamation. In order to understand to what extent the law of South Africa might represent a mixture of civilian and common-law thinking, it first sets out the viewpoint of, on...
This note discusses the development of the remedy of apology in South African defamation law. In particular, it examines three cases where the issue has been discussed in the last year by South Africa's highest courts. In , the Constitutional Court granted the remedy of apology against a non...
doi:10.2139/SSRN.1963171Eric DescheemaekerJuta Law Publishing (Historical content up to Sept 2015)
422 THE SOUTH AFRICAN LAW JOURNAL that, so far as the law relating to the abuse of legal procedure is concerned, our law makes no distinction between the institution of criminal and civil proceedings, and there would seem to be no good reason for doing so.McKerron, R. G...
In Prince 2 the drug laws themselves were not challenged directly but arbitrary government alwaysraises the question of fairness, one of our foundational constitutional values. Page 9. 708 THESOUTH AFRICAN LAW JOURNAL (see Neethling Persoonlikheidsreg op cit 179J NeethlingS African Lj...