Court Code
NAHCMD

Practice – Application for absolution from the instance – Delict – Defamation – elements – It is not an element for the delict of defamation that the impugned statement be false – Absolution from the instance in respect of defamation claim dismissed.

Administration of Estate - Master of the High court appoints executor without consulting family of deceased-deceased estate misappropriated - Section 100 to hold the State liable for negligence or omissions to act by the Master - court held the State liable - the third and fourth defendants equally liable.

Delict – Defamation – Claim arising from ‘tweets’ on social media – Defendant averring that the statements he made are true and that the publication was in the public interest – Court holding that statements are false and defamatory of the plaintiff – Damages awarded in favour of the plaintiff.

Legislation – Environmental Management Act No. 7 of 2007 (‘the Act’) – appeal against decision of Environmental Commissioner – power of Minister of Mines and Energy to grant interim relief in terms of s 50(6) of the Act – Civil Procedure – urgency in terms of rule 73(4) discussed – service of process - jurisdiction of the High Court in matters provided for in terms of s50 of the Act.

Practice – Applications and motions – application to stay execution pending the outcome of a Rule 103 application premised on argument that the initial proceedings are a nullity – requirement for a temporary interdict restated – applicant’s right to be heard and averment of complete failure by first respondent to notify him, arguable.

Civil practice – Interlocutory application – Special pleas – Defendants plead that plaintiff has no locus standi