actio iniuriarum
Literal translation
action for injury or insult
Legal meaning
Actio iniuriarum is a Roman-law action received into South African law to protect personality interests, especially dignity, reputation, and bodily integrity against intentional infringement. In modern South African law it is commonly associated with claims for defamation, insult, unlawful arrest in certain circumstances, and other intentional affronts to personality rights. The action is distinct from Aquilian liability because it focuses on intentional injury to personality rather than patrimonial loss. Its continued influence appears in South African delict through the protection of dignitas, fama, and corpus.
Cases citing this term
- 🇿🇦 Democratic Alliance v RulumeniSupreme Court of Appeal of South Africa· 2023-01-13· 88/2021
aside and replaced with the following order: '(i) The plaintiff's claim under the actio iniuriarum is dismissed. (iii) The plaintiff is to pay the costs of this action, such
- 🇿🇦 Minister of Safety and Security v LincolnSupreme Court of Appeal of South Africa· 2020-06-05· 682/19
revert to this issue later. [20] The cause of action relied upon is the actio iniuriarum.¹⁰ In order to succeed in a claim for malicious prosecution a plaintiff must establish
- 🇿🇦 Wiese v Moolman
- 🇿🇦 Media 24 Limited and Others v SA Taxi Securitisation (Pty) Ltd
- 🇿🇦 Le Roux and Others v Dey
- 🇿🇦 Masiteng v Minister of PoliceSupreme Court of Appeal of South Africa· 2024-12-04· 944/2023
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not Reportable Case
- 🇿🇦 National Director of Public Prosecutions v Sijoyi Robert MdhlovuSupreme Court of Appeal of South Africa· 2024-06-03· 194/2023
whether reasonable prospect of success and compelling reasons for appeal established. Actio Iniuriarum – malicious prosecution – whether the absence of reasonable cause to prosecute and intention to cause injury or harm
- 🇿🇦 Minister of Police and Another v ErasmusSupreme Court of Appeal of South Africa· 2022-04-22· 366/2021
deemed to be have been at 09h45 on 22 April 2022. Summary: Delict – actio iniuriarum – unlawful arrest and detention – liability of police for post-court appearance detention – not caused
- 🇿🇼 Gift Matenga v Anjin Investments Private LimitedHigh Court (Harare)· HC 14160-12
- 🇿🇦 RH v DE
Live search across the public SA + ZW case corpus. Results may include false positives where the same Latin lexeme appears in a different context.