embarrass the Plaintiff if one considers the uncertainly expressed
by Mr. Mahlangu in Court.
[46]

It was established in evidence that in terms of Swazi Law and
Custom, certain rituals consistent with the Simelanes, were
performed on the Plaintiff after her birth by the same Simelanes
who went on to pay lobola for her mother which also included the
necessary fines. Otherwise, Mr Mahlangu does not even know if on
his part the customary fines were paid vis a vis the Plaintiff
including whether the customary rituals were performed at her
birth. He contented himself with saying he left all that to his sister
which is improbable. The sister in question was not called as a
witness. Mr Mahlangu’s version is therefore improbable when
considering that he had always had all the access to Gelane’s half
brother David, born of his relationship with Dorah Dube,
Gelane’s mother, begging the question what would have stopped
him from having such access to Gelane for over fifty years if he
was her father.

[47]

The Defendants had not bothered ascertaining from the Dube’s
who were there as to the accuracy of Mr. Mahlangu’s allegation
which was an available avenue consistent with Swazi culture that
more about such children as they alleged Plaintiff was, could be
found from their material side. They also had not ascertained
from or confronted Gelane herself about the information. In deed
it was stated in the above cited excerpt from the Bogoshi case that
it can never be reasonable to publish defamatory material about a
person if that person had not been confronted with those
allegations for his / her side to be published as well. I cannot say
that the attempts allegedly taken by Mabandla Bhembe before
publishing the story were reasonable. He in his own words had not
divulged to the Plaintiff through any form of information why he
wanted her. He had, he said, failed to meet her on two occasions
including failing to reach her over her cellphone. He had not even
prepared any questionnaire for her to comment at least after
having noted she could not be reached. I have therefore come to
the conclusion that the allegations in questions have no scintilla of
truth in them and only made to be sensational whilst embarrassing
the Plaintiff in the process and I have no hesitation that they are
indicative of malice on the Defendants part.

[49]

It became clear during the trial of the matter that there was no
truth in the contentions made forming the gravamen of this action.
There was shown to be for instance, no truth in the contention
that the Plaintiff was a dishonest person who deliberately
concealed her true identity just as there was none in the contention

26

Select target paragraph3