Adams v Makhoye

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Gura J
• Judgment Date: 17 August 2023
• Citation: 2023 JDR 3111 (NWM)
• Hearing Date: 03 October 2022
• Docket Number: 2974/2019
• Court: North West Division, Mahikeng

Gura J:

[1]

This is an action for delictual damages based on the alleged defamation of character. This judgment deals with both the merits (liability) and the quantum of damages. On 2 December 2019 at 10H15 the Sheriff served the combined summons in this case at the defendant’s chosen domicium citandi et executandi by affixing it to the principal door. The defendant did not enter any appearance to defend the action.

2023 JDR 3111 p2

Gura J

[2]

The plaintiff then launched an application for default judgment where he claims payment in the amount of R1 500 000-00; interest a tempore morae and costs. The material averments in the particulars of claim are that on or about 15 October 2018 the defendant forwarded an email to the North West Management Intervention Brand. This email, which forms annexure A1 to the particulars of claim reads:

“Hi Mr Brand according to our telephone conversation I formally want to lay complain against the general who is station at phokeng his name is Adams I don’t whether is a standard at saps for senior officers to have affair with juniors my wife who is stationing at Rustenburg detective she is having affair in public with the general her name I constable Morongwa Makhoye hope you Will get help from the saps as I am very stranded not knowing were to report or get help ion the issue.”

[3]

On the date of trial the only witness who testified was the plaintiff himself, Mr Peter Authur Adams. What follows is his evidence in court. He is a member of the South African Police Services with a rank of Major General based at Bloemfontein as a District Commissioner of the District of Mangaung Metropolitan. At the time of this incident he was a District Commissioner of Bojanala District at Phokeng in North West. At that time his rank was still Major General. At that time he was in charge of ten police stations which increased to twelve later.

[4]

The email in which the defendant accuses plaintiff of infidelity came to his (plaintiff) attention through the office of the Provincial Commissioner of SAPS in North West. It is Luit. Brand who informed plaintiff that there is a complaint against him which had been found in a nodal point for complaints. Luit. General Motswenyane delegated Major General Naidoo

2023 JDR 3111 p3

Gura J

to investigate these allegations against the plaintiff. The investigations revealed that the defendant’s wife, who is also a police officer, had been having telephone communications with a person whose name she did not reveal but she had been referring to that person as “General”. Naidoo told the plaintiff that the message between “General” and defendant’s wife was of a sexual nature. That communication was in Setswana language. The only languages which the plaintiff knows is Afrikaans and English.

[5]

The plaintiff cannot say how many junior officers saw the defamatory information but many such junior police officers have access to the modal point where members of the public deposit their complaints against members of the SAPS. Thereafter the plaintiff noticed that some police officers no longer had the same respect for him as before. This adversely affected the way the plaintiff communicated with female police officers. This allegation of infidelity dented the plaintiff’s reputation to both his juniors and his superiors. On 15 October 2018 the plaintiff was the only police officer with the surname “Adams” at Phokeng district and he was accordingly the only General in Phokeng.

[6]

The plaintiff is a father of two young daughters with his wife who is also a member of SAPS. The plaintiff then took the court to his working career before this incident in order to show the court that he was a highly respected commissioned officer of SAPS who was dedicated to his work. In 2012 he was a member of Vissible Policing based at Pretoria. During the Marikana massacre, he was deployed to Marikana just two days after the Marikana massacre. He became the operational commander of the police who were deployed to Marikana. He was then exposed to the North West as a Tactical Commander under difficult circumstances.

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