The Citizen 1978 (Pty) Limited and Others v McBride

The respondent, Robert McBride, a former Umkhonto we Sizwe operative, had been convicted and sentenced to death for the 1986 Magoo’s Bar bombing in Durban, but was later granted amnesty under section 20 of the Promotion of National Unity and Reconciliation Act 34 of 1995. In 2003, while he was being considered for appointment as Ekurhuleni Metro Police Chief, The Citizen newspaper published a series of editorials and articles describing him as a ‘criminal’, ‘multiple murderer’, ‘human scum’, and morally corrupt, and asserting his unsuitability for the post. McBride sued the publisher, editor and journalists for defamation. The Witwatersrand Local Division upheld his claim and awarded damages. The appellants appealed to the Supreme Court of Appeal.

The appeal was partially upheld. The order of the court a quo was set aside and replaced with an order awarding McBride R150 000 in damages, with varying joint and several liability among the appellants, together with interest and costs. The appellants were ordered to pay 75% of the respondent’s costs on appeal.

The case is a leading authority on the legal effect of TRC amnesty in defamation law. It establishes that persons granted amnesty are, for legal purposes, no longer to be described as criminals or perpetrators of the offences concerned. The judgment clarifies the limits of media freedom, fair comment, and public debate where historical crimes are concerned, reinforcing reconciliation principles underlying the TRC process.