SCA upholds appeal by DA’s Limpopo leader‚ editor against defamation order

08 December 2016 - 16:06 By Ernest Mabuza
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The Supreme Court of Appeal has upheld an appeal by the DA’s Limpopo leader and the editor of a Hoedspruit newspaper against a judgment which had ordered them to pay R120‚000 for defamation.

The high court in Pretoria last year ordered that DA’s Jacques Smalle and Heidi Smith - owner‚ editor and publisher of newspaper Kruger2Canyon - had defamed property developer Southern Palace Investments 44 (Pty) Ltd (SPI) and its director Soren Nielsen.

In May 2013‚ Smalle issued a press release claiming SPI was “allegedly hawking water to Hoedspruit farmers at grossly escalated prices”.

In his statement‚ Smalle also said it was alleged that Southern Palace 440 director‚ Soren Nielsen from Denmark‚ entered into a bulk water supply agreement with the water board on 22 May 2012. In terms of that agreement‚ the board agreed that the company be permitted to sell 10 million cubic metres a year of its water for 30 years out of the Blyde River Dam.

The newspaper published an article based on the statement with the headline “Estate developer allegedly involved in water corruption”.

Aggrieved with this statement‚ Nielsen issued three separate claims for defamation. The first claim was by SPI against Smalle in respect of the press release.

The second and third claims were by SPI and Nielsen against Smith in respect of the newspaper article.

After finding that the statements were defamatory‚ Judge Johan Louw ordered Smalle to pay R40‚000 to Southern Palace Investment and Smith to pay R80‚000 to Nielsen and his company.

Smalle and Smith appealed against the high court order.

In the judgment passed on Thursday‚ the Supreme Court of Appeal said SPI and Nielsen had failed to discharge an onus that rested upon them to prove the defamatory meaning of the media release and the newspaper article.

Acting Judge Caroline Nicholls said in order to succeed in a claim for defamation‚ SPI and Nielsen must prove the defamatory matter was published of and concerning themselves and refers to them personally.

“A statement is defamatory if‚ on an ordinary reading by a reasonable person‚ it has the effect of injuring a person’s reputation.”

The appeal court said a cursory reading of the article would immediately alert the reader that the statements were merely allegations.

 

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