Khumalo and Others v Holomisa

The respondent, a prominent South African politician and leader of a political party, instituted a defamation action in the Transvaal High Court against the applicants, who were journalists and media companies responsible for publishing the Sunday World newspaper. The newspaper published an article alleging, inter alia, that the respondent was involved in a gang of bank robbers and was under police investigation. The applicants raised an exception to the respondent’s particulars of claim, contending that because the statements concerned matters of public interest and political importance, the respondent was constitutionally required to allege and prove the falsity of the statements. The High Court dismissed the exception, holding itself bound by the Supreme Court of Appeal’s decision in National Media Ltd v Bogoshi. The applicants sought leave to appeal directly to the Constitutional Court.

Leave to appeal to the Constitutional Court against the dismissal of the exception was granted.

This case is significant for clarifying the Constitutional Court’s appellate jurisdiction, particularly its power to hear appeals against interlocutory decisions where constitutional issues are raised. It underscores that the ‘interests of justice’ is the controlling criterion for access to the Constitutional Court. Substantively, the case forms part of the Court’s foundational jurisprudence on the interaction between freedom of expression and the common law of defamation, especially in relation to media publications on matters of public interest.