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Supreme Court of Appeal of South Africa

The Supreme Court of Appeal is, except in respect of certain labour and competition matters, the second highest court in South Africa. In terms of the Constitution, it is purely an appeal court and may decide only appeals and issues connected with appeals. (Banner image by Ben Bezuidenhout).
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Cnr Mirriam Makeba & President Brand Streets, Bloemfontein, Free State, 9301
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https://www.supremecourtofappeal.org.za/
2 judgments
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2 judgments
Citation
Judgment date
August 2004
Minister of Safety and Security and Another v Rudman and Another (218/2003) [2004] ZASCA 68 (18 August 2004)
Reported
Whether a police officer’s cessation of bystander CPR was negligent and how liability between successive wrongdoers should be apportioned.
Delict – police attendance at near-drowning – unlawful interference with bystander CPR – negligence of officer taking charge despite limited medical knowledge – causal contribution to hypoxic brain injury – vicarious liability of State – negligence of third party who removed pool safety net – apportionment of damages between successive wrongdoers where precise quantification impossible.
 18 August 2004
Mthembi-Mahanyele v Mail & Guardian Ltd and Another (54/2003) [2004] ZASCA 67 (2 August 2004)
Reported
Political criticism of a minister may be non‑actionable if publication is justifiable and reasonable despite appearing defamatory.
Defamation — political speech — meaning and ordinary reader test; public officials’ locus standi to sue for defamation; Bogoshi — justifiable/reasonable publication defence; balancing freedom of expression and dignity; factors: public interest, tone, source reliability, verification steps, opportunity to respond.
 2 August 2004