Show simple item record

dc.date.accessioned 2017-04-08T17:13:08Z
dc.date.available 2017-04-08T17:13:08Z
dc.date.created 2010-04-10 en
dc.identifier.citation [2011] ZACC 11
dc.identifier.citation 2011 (4) SA 191 (CC)
dc.identifier.citation 2011 (8) BCLR 816 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3608
dc.title The Citizen (1978) (Pty) Ltd and Others v McBride en
dc.title.alternative CCT23/10 en
dc.identifier.casenumber CCT23/10 en
dc.date.hearing 30 September 2010
dc.contributor.judge Cameron J Majority judgment
dc.contributor.judge Ngcobo CJ separate judgment
dc.contributor.judge Mogoeng J separate judgment
dc.date.judgment 8 April 2011
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3608/Full%20judgment%20Official%20version%20%28593%20Kb%29-16611.pdf?sequence=38&isAllowed=y
dc.concourt.synopsis Application for leave to appeal challenging the Supreme Court of Appeal's interpretation of section 20(10) of the Promotion of National Unity and Reconciliation Act in the context of a defamation claim against by a candidate for public office against a newspaper. The newspaper ran a series of articles in which it referred to the candidate as a "murderer" in arguing against his fitness for public office, despite the candidate having been granted amnesty for the murders he committed during the struggle against apartheid. The Court granted leave to appeal and overturned the SCA?s holding. In holding that section 20(10) of the Act did not serve to render untrue the fact that a person convicted of murder and subsequently granted amnesty was nevertheless a murderer, the Court upheld the defence of fair comment as applied to defamatory statements relating to the candidate's suitability for public office based on that fact. The majority judgment also proposed that the defence of fair comment might more appropriately be called "protected" comment, since the label "fair" is misleading when the comment in question need not be fair or just at all, and may be protected even if extreme, unjust, unbalanced, exaggerated and prejudiced, so long as it expresses an honestly-held opinion, without malice, on a matter of public interest on facts that are true. Majority: Cameron J (Brand AJ, and Froneman J, Nkabinde J and Yacoob J concurring). Partial dissents: Ngcobo CJ (Khampepe J concurring), Mogoeng J.
dc.concourt.casehistory Application for leave to appeal, as well as to cross-appeal the SCA judgment: The Citizen 1978 (Pty) Ltd and Others v McBride 2010 (4) SA 148 (SCA). The South Gauteng High Court judgment is: McBride v The Citizen 1978 (Pty) Ltd and Others, Case No. 03/15780, 6 February 2008, South Gauteng High Court, Johannesburg, unreported. The background to this case is set out in the earlier SCA judgment: S v McBride 1988 (4) SA 10 (A)


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


Browse

My Account