Media 24 Limited t/a Daily Sun v Du Plessis

The respondent, Mr Bekker du Plessis, was a director and sales agent at the Tshwane Fresh Produce Market. In October 2010 he caused Mr Orel Khoza, suspected of stealing two onions, to be detained in a cold room while awaiting security personnel. Khoza was detained for about 45 minutes before being rescued by police. The Daily Sun, published by Media 24 Limited and edited by Mr Themba Khumalo, published a sensational article stating that Khoza had been handcuffed, shoved into a cold room, detained for two hours, and suffered severe cold-related effects. Du Plessis sued for defamation, alleging the article was false and portrayed him as cruel and racist.

The appeal was upheld only in part. The High Court’s order was set aside and substituted with an order awarding the respondent R40 000 in damages, jointly and severally against the appellants, with costs of suit. Each party was ordered to pay its own costs of appeal.

The case reaffirms South African defamation law principles concerning the liability of the media, clarifying that only the material sting of an article must be substantially true for the defence of justification to succeed. It underscores the stringent requirements of reasonable publication under the Bogoshi defence and emphasises the media’s duty to verify facts even under time pressure, balancing freedom of expression with the right to dignity.