Vermaak v. Van der Merwe
South Africa Supreme Court, Natal Provincial Division
1981 (3) SA 78 (N) (1981)
- Written by Sarah Hoffman, JD
Facts
Mrs. Claassnes called Mr. Van der Merwe (defendant) and asked to speak to his wife. Mr. Van der Merwe told Mrs. Claassnes that his wife was staying with “that damn lesbian.” He then made it clear that he was referring to Ms. Vermaak. Mrs. Claassnes did not know the meaning of the word “lesbian” and did not initially understand that it was a defamatory statement. Immediately after getting off the telephone, Mrs. Claassnes asked her husband what the word lesbian meant, and he explained. After learning of these events, Ms. Vermaak sued Mr. Van der Merwe for defamation. At trial, Mr. Van der Merwe’s counsel argued that in order for a slanderous statement to be published, the person hearing the statement had to understand its defamatory meaning at the time the statement was made. The trial court found in favor of Mr. Van der Merwe on the grounds that the statement had not been published. Ms. Vermaak and appealed.
Rule of Law
Issue
Holding and Reasoning (Howard, Thirion, J.J.)
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