3.

The publication of the article was not unlawful because Appellants
were not aware of any falsity in it as they relied on a claim made by
Mr Mahlangu.

4.

The publication was not reckless or negligent.

5.

The publication was objectively reasonable and the articles were
published without animus injuriandi.

[33] It is obvious to me as contended by the Appellants, that by their plea they
raise what is now known as the Bogoshi defence. This defence as the name
acclaims, has its legal pedigree in the case of National Media Ltd v
Bogoshi (1998) (4) SA 1196 (SCA). The raison d’etre of this defence is
best summarized as follows:- in an action for defamation against the media
the defendant is entitled to raise “reasonable publication” as a defence; the
publication of defamatory statements will not be unlawful if upon a
consideration of all the circumstances of the case, it is found to have been
reasonable to publish the particular facts in a particular way and at a
particular time; protection is only afforded to publication of material in
which the public has an interest (i.e which it is in the public interest to make
known) as distinct from material which is interesting to the public; the form
of fault in defamation actions against the media is thus negligence rather
than intentional harm; fault, however, need not be in issue if in particular
circumstances anterior injury shows that the publication is lawful because it
is reasonable; in appropriate cases where the publisher reasonably believes
that the information published is true, then the publication is not unlawful;
political speech might depending upon the context be lawful, even where
false, provided that its publication is reasonable.

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