The Citizen 1978 (Pty) Ltd and Others v McBride

Robert John McBride, a former ANC operative, carried out a car bomb attack in Durban in 1986 that killed three civilians. He was convicted of murder and sentenced to death, later reprieved and released. In 2001 he was granted amnesty under the Promotion of National Unity and Reconciliation Act 34 of 1995, which deemed his conviction not to have taken place for all purposes. In 2003, when McBride was a candidate for appointment as head of the Ekurhuleni Metro Police, The Citizen newspaper and its editor and journalists published articles and editorials opposing his appointment, repeatedly referring to him as a "criminal", a "murderer", and a "bomber". McBride sued for defamation and impairment of dignity. The High Court upheld his claim and awarded damages; the Supreme Court of Appeal largely confirmed the finding, holding that calling him a murderer was false in light of the amnesty. The Citizen and journalists appealed to the Constitutional Court.

Leave to appeal was granted. The appeal by The Citizen and the journalists was upheld. The defamation orders and damages awarded to Mr McBride were set aside, and Mr McBride’s cross-appeal was dismissed.

The case is a leading authority on the interaction between transitional justice (amnesty) and freedom of expression. It clarifies that amnesty does not require society or the media to pretend that politically motivated crimes never occurred, and it strongly affirms constitutional protection for robust, even harsh, political commentary about public figures.