Hoho v The State

The appellant, Luzuko Kerr Hoho, an employee of the Eastern Cape Legislature, was convicted in the Bisho High Court on 22 counts of criminal defamation. During 2001–2002 he compiled, produced and/or published leaflets alleging corruption, bribery, embezzlement, sexual impropriety, fraud and other misconduct against senior public officials, including the Speaker and Premier of the Eastern Cape, members of the Legislature, national ministers and a legal adviser. Hoho denied authorship and publication of the leaflets. After a lengthy trial the High Court found that the allegations were defamatory, false, and that the appellant intentionally authored and published them. He was sentenced to three years’ imprisonment suspended for five years, together with three years’ correctional supervision. Leave to appeal was granted by the Supreme Court of Appeal limited to the issues whether criminal defamation still exists in South African law and whether it is consistent with the Constitution.

The appeal was dismissed. The conviction and sentence imposed by the High Court were upheld.

This is the leading authority confirming that criminal defamation remains part of South African common law and has not been repealed by disuse. It provides an authoritative constitutional analysis reconciling criminal defamation with freedom of expression and dignity, clarifies the elements of the offence, rejects seriousness as a formal element, and affirms the State’s onus of proof. The case remains central to debates on the continued existence and scope of criminal defamation in South Africa.