[41]

The decision of the court below in denying a Cabinet Minister
locus standi to claim damages for defamation is, with respect,
incorrect. It does not give sufficient weight to the right to dignity
and to not having one’s reputation unlawfully harmed. It elevates
freedom of expression above that of dignity when there is not, and
there should not be a hierarchy of rights. It denies to a class of
people the ability to protect their reputations, save where
defamatory statement are made with malice.

[42]

How then is the balance between the right to dignity and the right
to freedom of expression in a democratic state to be struck when
dealing with “political speech.” I consider that the proper approach
to finding the appropriate balance is to recognize that, in particular
circumstances, the publication of defamatory statements about a
Cabinet Minister (or any member of government) may be
justifiable (reasonable) in the particular circumstances and
therefore not unlawful.”

See the dictum of O’ Regan J in Khumalo v Hlomisa (Supra)
reproduced in paragraph [6 ] above, see also PQR Bobery, in 1975
Annual Survey of South African Law.

[57] I am highly persuaded by the foregoing proposition. It commends itself to
me both on sound legal principles and common sense.

[58] In casu, it cannot be gainsaid that the article was in the public interest in the
sense that the Respondent’s paternity is directly tied to her eligibility for
appointment as Acting Chief of Kontshingila. It speaks directly to her
competence for appointment as such. Inspite of this public interest factor, it
is however information which the public had no right to know. This is
because, and as correctly found by the court a quo, the information was
untruthful. It was published recklessly and negligently not caring whether it
was false. In these premises, the mere fact that it was salacious to the
35

Select target paragraph3