Delta Motor Corporation (Pty) Ltd v Van der Merwe

The appellant, Delta Motor Corporation (Pty) Ltd, manufactured Isuzu KB 280 4x4 double cab vehicles. The respondent purchased such a vehicle new from a Delta dealer. After approximately one year and 29 000 km of use, the vehicle’s chassis bent while being driven on a gravel road in Namibia. Delta attributed the damage to overloading and driver abuse, while the respondent maintained it was due to a manufacturing defect, supported by an independent technical report. Frustrated by Delta’s refusal to repair or replace the vehicle, the respondent circulated emails describing his experience and displayed his damaged vehicle in public with the slogan ‘Swakste 4 x 4 x Ver; Grondpad Knak Onderstel’. Delta regarded this as defamatory and sought an urgent interdict restraining the respondent from publishing or displaying such statements. A final interdict was refused by the High Court, and Delta appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel, and the refusal of a final interdict was confirmed.

The case is significant for clarifying the application of the defence of fair comment in South African defamation law, particularly in the context of consumer criticism of products. It affirms the balance between protection of reputation and freedom of expression, and illustrates the application of constitutional values and the Plascon-Evans rule in interdict proceedings.