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.

[14] A proper decision of these issues will entail an enquiry as to whether the
court a quo committed a material misdirection in its decision, resulting in a
miscarriage of justice. I will now consider the issues raised ad seriatim vis a
vis the impugned judgment to gauge their efficacy.

[15]

ISSUE ONE:

Whether or not the court a quo erred in finding the
Appellants liable for defamation flowing from the
article in question?

[16] A proper answer to the foregoing question is best approached from a critical
look at the article of 9 May 2009. This appears in these proceedings as
annexure A. I have carefully considered the said article and I am convinced
that Hlophe J comprehensively and accurately captured its essence (with
slight adaptations by me) as follows in paragraphs [3] - [12] of the impugned
judgment.
“[3]

The first page of the Swazi News of the 9th May 2009 bears the words,
“ MR. MAHLANGU’S SCHOCKER” above the bold words “I AM
GELANE’S FATHER” below which are written the following
sentences:•
•
•

This man tells us Gelane is a Mahlangu, not a Simelane as the
nation knows.
He also claims Gelane deserted him and does not care about
him.
Ludzidzini Committee has been told about this.

9

Select target paragraph3