National Education, Health and Allied Workers Union and Another v Tsatsi

The respondent, an advocate employed as the office manager at the Johannesburg Magistrates’ Court, sued the appellants for defamation arising from statements contained in a report prepared by the second appellant, a NEHAWU branch secretary. The report was distributed to union members at a general meeting and later circulated to some non-members. The statements alleged that the respondent ‘embraces fraudsters’ and had ‘unleashed unprecedented harassment’ against staff. The High Court found the statements defamatory, rejected the defence of qualified privilege in respect of republication to non-members, and awarded damages.

The appeal was upheld with costs. The order of the High Court was set aside and replaced with an order dismissing the plaintiff’s claim with costs.

The case clarifies the scope of qualified privilege in the context of trade union communications and labour relations, emphasising the constitutional importance of freedom of expression and association. It also confirms that a publisher is not automatically liable for unauthorised republication by third parties.