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'It's Hard for Me to Say I'm Sorry': Apology as a Remedy in the South African Law of Defamation

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Abstract:

This note discusses the development of the remedy of apology in South African defamation law. In particular, it examines three cases where the issue has been discussed in the last year by South Africa's highest courts. In Le Roux v Dey, the Constitutional Court granted the remedy of apology against a non-media defendant in addition to an award of damages. In McBride v The Citizen, the Constitutional Court left open the question of whether an apology as a remedy can be ordered against a media defendant. Finally, in SA Taxi Securitisation (Pty) Ltd v Media 24, the majority of the Supreme Court of Appeal rejected the argument that a corporation should be entitled only to an apology or other non-monetary remedy because the only remedy available is an award of damages. The note surveys these developments and expresses the hope that the position is clarified in future cases.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/175776312802483934

Publication date: July 1, 2012

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