(c)

the reliability of the source.

(d)

the steps taken to verify the information.

[38] Then there is the position of the court on this issue in Sankie Mthembu –
Mahanyele paragraph [68], which is encapsulated in the following words:“----------- justifiability is to be determined by having regard to all relevant
circumstances, including the interest of the public being informed; the
manner of the publication; the tone of the material published; the extent of
public concern in the information; the reliability of the source; the steps
taken to verify the truth of the information (this factor would play an
important role too in considering the distinct question whether there was
negligence on the part of the press, assuming that the publication was found
defamatory); and whether the person defamed has been given the
opportunity to comment on the statement before publication. In cases where
information is critical to the public, and is urgent it may be justifiable to
publish without giving an opportunity to comment.” (my underlining)

[39] The question here is, was the publication of 9 October 2009 by the
Appellants reasonable in the circumstances of this case?.

[40] The court a quo after carefully canvassing the law and the facts and
circumstances came to the conclusion that the article was not reasonable. In
arriving at this conclusion the court a quo opined as follows in paragraphs
[41] – [55] of the impugned judgment:“[41]

In ascertaining whether the publication was true, one must
consider as stated in the foregoing paragraph, whether the
Plaintiff did have reasonable grounds for believing that same was
true and whether proper available steps were taken to ascertain the
accuracy of the claims by Mr Mahlangu that the Plaintiff was his
daughter. Furthermore, a response must have been sought from the
Plaintiff and published which is not the case in this matter.

[42]

According to the facts of the matter the Defendants Reporter,
Mabandla Bhembe claims to have been told by Mr. Mahlangu that
the Plaintiff was his daughter. In fact the said Mr Mahlangu did
not of his own free will set out looking for the Reporter or the

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Select target paragraph3