malice Archives - GilesFiles

Defaming employee considered: Was there publication?

by GilesFiles | Aug 12, 2025 | 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Refused, Sectors, Special pleas, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Malicious prosecution considered: Reasonable and probable cause

by GilesFiles | Feb 16, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Disallowed, Evidence & onus, F Kathree-Setiloane, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, SCA judges, Sectors, Selected judges, State organs, Statutory, Supreme Court of Appeal, Topics | 0 |

MGL v Justice and Constitutional Development and Correctional Service Was there reasonable and probable cause for instituting malicious prosecution and principles considered? “[95] On an assessment of the totality of the...

Privileged occasion not statement: Defamation proved

by GilesFiles | Apr 28, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Delict, Dignity equality freedom, Disputes: factual, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, Stated case, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Malice in wonderland: Internal disciplinary proceedings

by GilesFiles | Jan 25, 2017 | 2017, Bill of Rights, Causes and defences, Courts, Delict, Dignity equality freedom, High Court, High Court judges, Judges, Personal Information, Topics | 0 |

In an extremely important case concerning human dignity the HC decided that serious allegations of a criminal nature formulated internally as ‘charges’ could give rise to a delictual claim for damages. In other words such...

Tag: malice

Defaming employee considered: Was there publication?

Malicious prosecution considered: Reasonable and probable cause

Privileged occasion not statement: Defamation proved

Malice in wonderland: Internal disciplinary proceedings