Sheppard v Sunday Times Syndicate Ltd [1911] ZAWLD 24 (19 June 1911)

Defamation - Statement referring to Class of People - Rights of Individuals of the Class - Evidence - Proof of Reference of Statement to Individual - Opinion of Person hearing Statement - Proof of Intention and Damages.

Where plaintiff, as one of a class, sued for damages for defamation, alleged to have been published in a newspaper article by the defendant in reference to all persons of such class, and a witness who had read the article, was asked to whom he thought it referred.

Held, that, apart from whether such question was admissible as the opinion of the witness as to whom the article referred, it was admissible to prove that the plaintiff had suffered damages.

In order to entitle a plaintiff, as one of a class, to recover damages for defamation alleged to be contained in a statement published of and concerning such class, he must prove that the said statement refers not only to the class, but also to every single · member of the class, or particularly to himself.

Semble, every member of such class who can prove that such defamatory statement refers to him is entitled to recover damages without proving that the defendant in fact intended to injure him.