public, does not make it of public interest. It was thus unreasonable in all
the circumstances of the case.

[59] It appears to me, and as correctly found by the court a quo, that the
publication was motivated by malice. This is because, well knowing of the
existing chieftaincy dispute in Kontshingila involving two factions, one led
by the Respondent and the other led by DW3, Dr M.J. Simelane, the
Appellants swayed heavily on the side of DW3. They sought information
from that faction alone and shunned available opportunities to verify the
information from the Respondent’s faction. The Appellants by their posture
appeared to be on a mission to demean the Respondent leaving her hitherto
high esteem and good name in tatters. The coupe de grace of this enterprise
was the subsequent publication of 16 May 2009, which falsely acclaimed
that Gelane had been dethroned from her position of Acting Chief of
Kontshingila. The malice here is palpable. It cannot be gainsaid.

[60] In light of the totality of the foregoing, there was no justification for the
publication either on grounds of fairness, morality or public and legal policy.

[61] QUANTUM OF DAMAGES
ISSUE 2

Whether or not the court a quo erred in awarding damages
in the sum of E550,000=00 (Five Hundred and Fifty
Thousand Emalangeni) to the Respondent.

[62] It is trite law that since the award of damages is a discretionary measure of
the court of trial, an appellate court will be hesitant to interfere with the
damages awarded, except in the face of material misdirection resulting in
36

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