allegations were based and the reliability of their source, as
well as the steps taken to verify the information.
Ultimately there can be no justification for the publication of
untruths and members of the press should not be left with
the impression that they have a licence to lower the standards
of care which must be observed before the defamatory
matter is published in a Newspaper.’
[53]

In Independent Newspapers Holdings LTD vs Walled Suliman
Supreme Court of Appeal of South Africa Case No. 49/2003, the
Supreme Court referred to the following:‘False and injurious statements cannot enhance self
development. Nor can it be said they lead to healthy
participation in the affairs of the community, indeed they are
detrimental to the advancement of these values and harmful
to the interest of a free and democratic society.’

[54]

Having found that the publications by the Defendants comprised
untruths, it cannot be said they are in the public interest. That
they may have been interesting to the public does not mean that
they were in the public interest as was stated in the Independent
Newspapers Holdings LTD vs Walleed Suluman (Supra) where
the position was expressed as follows at paragraph 42:‘It is true that what is interesting to the public is not
necessarily the same as what is in the public interest for the
public to know----’

[55]

I am therefore of the view that the defence raised by the
Defendants cannot avail them. In the circumstances the
Defendants cannot avoid liability for the publication of
defamatory material of and concerning the Plaintiff.”

[41] Having tested the facts and circumstances of this case against the rigours of
the guiding principles on the question of reasonableleness, I find myself
unable to fault the court a quo in its assessment of the evidence, the law and
the circumstances of this case. I wholistically adopt the foregoing analogy of
the court a quo.

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