[54] It remains to consider the argument that since the Respondent is a politician
and the publication was in the public interest, even if defamatory per se, it is
not unlawful.

[55] Let me first dispel the notion cast by the Appellants that the Respondent
being a politician, and indeed a public servant in general, is deprived by
virtue of her status or role in government, of the normal protection afforded
to individuals by the law of defamation. What the Appellants’ proposition
loses sight of, is, that though several law authorities propound this theory,
they however throw a qualifier into the mix. I say this because while the law
is agreed that as a matter of public policy, politicians and public officials
should be more resilient to attacks on their performance as such, however,
there would be justification to such publication, if only the defamatory
statement is reasonable in the peculiar circumstances and therefore not
unlawful. Furthermore, if the defamation relates to purely personal matters,
it is actionable whether or not the Plaintiff is a politician or public officer.

[56]

Speaking about this subject-matter in Sankie Mthembu – Mahanyele
(Supra) paragraphs [40] – [43, the court observed as follows:“[40]

---- to deny a Cabinet Minister locus standi to sue for defamation
when the words complained of related to performance of work as a
Cabinet Minister are, with respect, well founded. A blanket
immunity for defaming Cabinet Ministers would undermine the
protection of dignity. It would give the public and the media in
particular, a licence to publish defamatory material unless the
Plaintiff can prove malice. In elevating freedom of expression
above dignity in this way the decision simply goes too far. A
balance must be struck. That there is no hierarchy of the rights
protected by the Constitution is affirmed by the Constitutional
court in Khumalo v Holomisa.

34

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