later, he testified that they got to hear about her not being a
Simelane at a meeting with the Regional Administrator and later
that they learnt of it in a meeting with the Ludzidzini Governor,
the late Jim Gama and later that they had always known about
her being a Mahlangu as she arrived at Kontshingila with her
mother. It is a fact that they only started looking for Mr.
Mahlangu from the meeting with Jim Gama which was only
attended by the Simelane’s, which is indicative that if it ever was
made, it would have been on that day. In any event, Mr Malangeni
Simelane’s evidence is exposed of being untruthful by his
admission under cross-examination that sometime back and
during the Plaintiff’s youthful years she had umcwasho rites being
conferred on her as an Inkhosatana, (Senior chief’s daughter of
the Simelane) (sic). This would not have been done if she was
known not to be a Simelane as Malangeni Simelane now wants this
Court to believe.
[59]

I furthermore cannot agree that the damages claimed are
excessive when considering the nature extent and tone of the
allegations including the deliberateness involved and insistence to
publish it on the part of the Defendants. I agree with the Plaintiff
that the publication concerned brought about greater unrest in the
area. In fact recent events in the area as published in the media
are indicative of this.

[60]

Clearly the general rule stated in the African Echo (Pty) LTD and
Others vs Albert Heshange Shabangu Case was by no means a
rule to Thumb to say that at all times Plaintiff’s in defamation
matters would or should be paid nominal damages despite the
circumstances of the matter at hand. It has been stated that where
a Defendant in a defamation case makes an attack without
verifying his facts and is not prepared or able to justify them he
should incur liability for substantial damages. I therefore do not
agree that even where there is malice in a given case, the
Defendant in a given case should have his damages confined to
E50 000.00 as was stated by Mr Flynn to find otherwise would
suggest that the right of the media to publish material, even
defamatory ones about members of the public should run superior
to all the other constitutionally safeguarded rights like the one to
individual dignity enshrined in the Constitution which is not and
cannot be the case in our law.

[61]

I agree and subscribe to the principle that where malice is found
to be in existence the damages have to be reflectively high. I have
found that in the present matter the Defendants deliberately failed
to investigate the propriety of their allegations when considering

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