[34] It is imperative that I point out at this juncture, that the Bogoshi decision,
just like all other decisions of South African courts, are merely of persuasive
authority in the Kingdom. They are not binding on our courts. It needs also
be emphasized that the Bogoshi decision was based on the uniquely liberal
Constitution of South Africa, which exhibits some marked difference with
our Constitution and should be approached with trepidation. The foregoing
notwithstanding, since the reasonableness concept of the Bogoshi
phenomenon, which commends itself to me, was relied upon by the court a
quo, I am compelled to consider it in that regard.

[35] What then is the test for reasonableness within the context of this case?.

[36] In the case of Lange v TB Atkinson and Another (New Zealand) (1990)
UKPC 46, Brennan CJ articulated the guiding principles as follows:“Whether the making of a publication was reasonable must depend upon all
the circumstances of the case. But, as a general rule, a defendant’s conduct in
publishing material giving rise to a defamatory imputation will not be
reasonable unless the defendant had reasonable grounds for believing that
the imputation was true, took proper steps, so far as they were reasonably
open, to verify the accuracy of the material and did not believe the
imputation to be untrue. Furthermore, the defendant’s conduct will not be
reasonable unless the defendant has sought a response from the person
defamed and published the response made (if any) except in cases where the
seeking or publication of a response was not practicable or it was
unnecessary to give the plaintiff an opportunity to respond.”(emphasis added)

[37] Similarly, in Bogoshi, pg 1211 F-H, the court held that the defendant bears
the onus of proving reasonableness. In the inquiry as to the reasonableness
of the publication, account must be taken of the following factors:(a)

whether there was no unnecessary sting attached.

(b)

the nature of the information published.
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