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The Citizen 1978 (Pty) Ltd v McBride (277/08) [2010] ZASCA 5

26th February 2010

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Summary: Defamation - amnesty in terms of s 20 of the Promotion of National Unity and Reconciliation Act 34 of 1995 - persons to whom amnesty had been granted in respect of an offence no longer considered to have committed the offence.

ORDER

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On appeal from: Witwatersrand Local Division (Maluleke J sitting as court of first instance)


The following order is made:

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(i) The appeal is partially upheld.

(ii) The appellants are ordered, jointly and severally, to pay 75% of the respondent's costs.

(iii) The order of the court below is set aside and replaced with the following order:

‘(a) The fourth, fifth and sixth defendants are ordered, jointly and severally, to pay to the plaintiff the sum of R150 000 together with interest thereon at the rate of 15,5% per annum calculated 14 days from date of service of summons to date of payment.

(b) The seventh defendant is ordered jointly and severally with the fourth, fifth and sixth defendants to pay to the plaintiff R100 000 of the said sum of R150 000 in paragraph (a) above, together with interest thereon at the rate of 15,5% per annum calculated 14 days from date of service of summons to date of payment.

(c) The fourth, fifth, sixth and seventh defendants are ordered jointly and severally to pay to plaintiff the costs of suit.'

 

 

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