Cecil Sher and Another v Vermaak (AR 197/13) [2014] ZAKZPHC 8 (25 February 2014)

Abstract

A person’s fama or good name is the respect and status he enjoys in society (see Neethling, Potgieter & Visser Law of Personality (2005) 129). A person’s right to his good name or fama is recognised and protected as an independent personality right (see Neethling & Potgieter Law of Delict (2015) 351). Personality law deals with the legal norms (rules and principles) aimed at protecting an individual’s (or a juristic person’s) personality, including the rules and principles which deal with the recognition, definition and protection of the various personality rights (see, in general, Neethling et al supra). It is trite law that defamation is the wrongful, intentional publication of words or behaviour concerning another person which has the effect of injuring his or her status, good name or reputation (see Neethling & Potgieter 352). Although some individuals are more easily insulted or offended than others, it is not the subjective feeling of being injured that entitles a person to a claim based on defamation. This makes it more difficult in a sense because it is the objective evaluation of the wrongfulness of the infringement that needs to be considered by a court. Although the law of defamation is clear and has developed over a long period of time (Neethling et al 12-16), case law sometimes creates the perception that legal principles are not applied consistently. The question of whether the reputation of the person concerned has been infringed is a factual one, based on whether the reasonable person sees it as such (Neethling & Potgieter 354).