Transvaal Chronicle and Another v Roberts [1915] ZATPD 29 (28 April 1915)

Defamation - Libel - Court procedings - Publicaton of afidavits - After withdrawal of case -Privilege -Damages.
Practice -Joint tort feasors -Separate actions against.

In an action for damages for libel against the owners and publishers of a newspaper, it appeared that a wife on an application obtained a rule against her husband for alimony. The husband filed a replying affidavit, and on the day prior to the return of the rule, the wife gave notice to the Registrar of withdrawal of the application. On the return day the case was not called in open Court, but after the adjournment of the Court, a reporter of the newspaper obtained from the Registrar the papers in connection with said application. Across the papers the word " withdrawn " was written in large
letters. A report of the affidavit of the husband-which affidavit constituted a serious libel on the wife-was thereupon published in the newspaper. Held, in an action for libel by the wife against the owners and publishers of the newspaper, that the report was not privileged and that the defendants were liable in damages. Kingswell v. Robinson (1913, W.L.D. 129) followed. Per DE VILLIERS, J.P. A plaintiff has the right to bring separate actions against two or more joint tort feasors, and unless such separate actions are brought in fraudem "tegis, that right cannot be interfered with.