Synopsis:
Application challenging a High Court decision that the disclosure of the names and HIV status of three HIV positive women in a university report did not give rise to a claim based on the actio injuriarum. The appeal was upheld. The Court differed on the facts as to whether the respondents had been shown to have acted intentionally and on the question whether the actio injuriarum should be developed. Majority: Madala J (concurring Moseneke DCJ, Mokgoro J, Ngcobo J,Nkabinde J, van der Westhuizen J, Yacoob J.) Separate Concurrence: Langa CJ, Sachs J. Dissent: O' Regan J.