Common law crime of defamation has been abolished
8 April 2024
On 3 April the President assented to the Judicial Matters Amendment Act (Act), No. 15 of 2023. The Presidency’s press release notes that the Act is technical in nature and is intended to improve service delivery within the justice system.
Of particular interest to the Free Speech Union of South Africa is the repeal of the common law crime of defamation:
‘Repeal of law 34. (1) The common law relating to the crime of defamation is hereby repealed. (2) Subsection (1) does not affect civil liability in terms of the common law based on defamation.’
Most of us associate “defamation” with a civil action which protects people’s reputations by allowing them to sue for damages for the publication of material that lowers their standing in the eyes of others.