it is improper to go to a person’s homestead to conduct an interview, cannot
avail the Appellants. This is because, DW2 by his own showing, sought to
interview residents of Kontshingila at their homesteads prior

to the

publication. He told the court that he was finally able to gain entrance into
the home of one resident, a police officer. The question is why not extend
the same courtesy to the Dubes in order to ascertain the veracity of the
scurrilous publication and balance out the story? They did not do this.

[47] The further gambit which is that they believed Mr Mahlangu’s assertion that
all the relevant Dubes were deceased, is also unsustainable. Mr Mahlangu
made it clear, that though some of the Dubes were dead, the Respondent’s
Uncle’s wife was in his belief, still alive and would know all the facts. The
Appellants did not avail themselves of this window of opportunity to balance
out the story. They proceeded with the publication, only to thereafter, on 18
October 2009, interview one Jane Dube who is Respondent’s Aunt by reason
of being her mother’s sister. Jane Dube refuted Mr Mahlangu’s claims
making it clear that the Respondent is a Simelane. The Appellants ought to
have taken the steps to interview the Dubes as well as the Simelanes before
the publication. The interview that was orchestrated

subsequent to the

publication, was to my mind, water under the bridge. The damage had
already occasioned.

[48] Then, there is the contention by the Appellants that they made several
attempts to reach the Respondent on her cell phone but failed. DW2 also
visited the Respondent’s office on three different occasions where he spoke
to her secretary, one Happy.

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