Synopsis:
In dealing with statements made by a municipal councillor, the majority held, in a judgment by Mokgoro J, that defamatory statements made outside of the business of the Municipal Council are not privileged. Privilege does not extend to municipal councillors not performing the real and legitimate business of the Council. Privilege in respect of provincial legislatures is granted only to members of the provincial legislature. Appellate courts will only interfere with damages awards where special circumstances warranting such interference exist.
