Case Law[2025] ZAGPJHC 1320South Africa
Budeli v Ramolobela (2024/040218) [2025] ZAGPJHC 1320 (19 December 2025)
High Court of South Africa (Gauteng Division, Johannesburg)
19 December 2025
Judgment
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# South Africa: South Gauteng High Court, Johannesburg
South Africa: South Gauteng High Court, Johannesburg
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## Budeli v Ramolobela (2024/040218) [2025] ZAGPJHC 1320 (19 December 2025)
Budeli v Ramolobela (2024/040218) [2025] ZAGPJHC 1320 (19 December 2025)
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sino date 19 December 2025
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION, JOHANNESBURG
Case Number:
2024-040218
(1)
REPORTABLE:
YES
/ NO
(2)
OF INTEREST TO OTHER JUDGES:
YES
/NO
(3)
REVISED: YES/NO
In
the matter between:
NKUMELENI ABSALOM
BUDELI
Plaintiff
and
SOLOMON
RAMOLOBELA
Defendant
JUDGMENT
Nieuwoudt, AJ
[1] This matter
became before me as an unopposed application for default judgement in
which the Plaintiff is seeking –
a.
Payment in the amount of R500 000.00
b. Interest on the
above amount at the prescribed rate
c. Cost of the suit
[2] On the initial
reading of the papers I had some questions about the exact extend of
the publication and the harm caused
by the publication.
[3] During argument
of the matter Adv T Dyasi who appeared on behalf of the Plaintiff
referred me to a supplementary affidavit
filed by the Plaintiff at
Section 04-2 and further.
Inter alia
the Plaintiff confirms
that his marriage relationship suffered due to the untruthful
allegation of him having an extra marital
affair with one Ms
Nkomo-Ralehoko.
[4] I can accept
that these allegations and publication caused strive in the family
and put strain on the marriage relationship.
[5] The Plaintiff
makes allegation that his reputation as businessman and politician
suffered but he could not show to the
Court any damages he suffered
in his business or political activities because of the allegations
and therefore the Court finds
it difficult to quantify any damages
suffered by the Plaintiff with regards this aspect.
[6] During argument
of the matter it was clear that the article was published on Facebook
and at the time of the publication
at least 72 people where part of
that specific Facebook group. The Plaintiff alleges that the article
would have been further published
but he is unable to proof that to
the court.
[7] During argument
the Court discussed the possibility with Adv Dyasi to make an order
that the Defendant publishes an apology
and retraction. After careful
consideration the Court finds that such an order would be irregular
as it was not asked for.
[8] The Court is
satisfied that the Plaintiff has made out a case for defamation, but
the Court is not inclined to grant damages
in the amount of R500
000.00 especially in the lack of evidence as set out in par 5 and 6
supra.
[9] Therefore, the
following order is made –
1.
The Defendant is to pay the Plaintiff the
amount of R100 000.00 within 30 days of this order.
2.
The Defendant to pay interest on R100
000.00 at the prescribed rate from date of judgement to date of
payment.
3.
The Defendant to pay the costs of the suit.
NIEUWOUDT, E
ACTING JUDGE OF THE
HIGH COURT
GAUTENG DIVISION,
JOHANNESBURG
Date
of Hearing:
18 December 2025
Date
of Judgment:
19 December 2025
Appearances:
For
the Plaintiff
Adv TDyasi
Instructed
by:
Obert Ntuli Inc
For
the Defendant:
No appearance
Instructed
by:
n/a
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