In this episode of CDH Conversations, Tim Fletcher, Luke Kleinsmidt and Elham Shaik in the Dispute Resolution practice, discussed potential strategies when instituting defamation claims in South Africa, and potential defences to such claims.
Luke highlighted that asking for an apology or retraction might save time and costs. If this fails, one can rely on interdictory relief, a claim for damages or both. Elham highlighted various defences available to the defaming party and the requirements which he/she needs to fulfil to be successful with each defence. Tim concluded by highlighting that if someone is trying to provoke you, it is often best to keep quiet and ignore the person.
However, deciding on the best approach will require a complete analysis of the facts. One should not react without thinking about the situation thoroughly.