Download Action for Defamation - Delict - Past Paper and more Exams Law in PDF only on Docsity! UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS : NOVEMBER 2008 SUBJECT,COURSE AND CODE: DELICT (LAWS2DL) (LAWS3DL) DURATION : 3 HOURS TOTAL MARKS : 75 External Examiner : Mr R Scott Internal Examiner : Ms P Singh STUDENTS ARE REQUESTED, IN THEIR OWN INTERESTS, TO WRITE LEGIBLY PLEASE NOTE: THIS EXAM PAPER CONSISTS OF FIVE (5) PAGES PLEASE SEE THAT YOU HAVE THEM ALL INSTRUCTIONS: • Question 1 (ONE) is a compulsory question and must be answered. • In addition you must answer TWO questions from Section B. If a question consists of more than one part you must answer all parts to that question • Please pay attention to the mark allocation to make sure you apportion your time appropriately. • Questions can be answered in any order. However you must clearly indicate the question number you are answering. A failure to do so may result in a student losing all marks for the question which is not clearly marked with the correct question number. UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS : NOVEMBER 2008 SUBJECT: DELICT PAGE 2 SECTION A THIS QUESTION IS COMPULSORY AND MUST BE ANSWERED QUESTION 1 In his address to the annual general meeting of the People First Party (PFP), Melon Kille, the leader of the party, proposes the adoption of a ‘People Against Crime’ campaign. She is reported in the Sunday Crimes newspaper as saying: ‘We must fight crime at all levels: from the top to the bottom. Our top government leaders are committing crimes. So is it surprising that crime is rampant throughout our society? I need hardly remind you that our former deputy president had to be fired from the Cabinet for corruption. And now he has the arrogance to promote violence and glorify the use of firearms by repeatedly calling for his machine gun.’ The former deputy president, Joseph Zama, institutes an action for defamation against the Sunday Crimes and Melon Kille. Mr Zama has not in fact been found guilty of corruption; he was charged with corruption after a High Court judge had found that a wealthy businessman had a ‘generally corrupt relationship’ with Zama. Ms Kille approaches you for advice. In the course of your answer explain the relevant law fully, including: 1.1 Will Mr Zama succeed in his action for defamation against either Ms Kille and / or the Sunday Crimes ? 1.2 Are there any defences which Ms Kille or the Sunday Crimes could raise against Mr Zama’s action? 1.3 Could other senior government leaders successfully bring an action for defamation against the Sunday Crimes or Melon Kille? In the course of your answer explain the relevant law fully, including the appropriate defences that might be raised by the Sunday Crimes and or Melon Kille. [25 MARKS]
