Whether it is defamatory to say that medical doctor is ill with the coronavirus remains unresolved for the time being, following the striking from the roll of an urgent application in the Eastern Cape High Court.
King William’s Town medical doctor Sizwe Mxenge has lost his attempt to hold EFF communications manager Sixolise Gcilishe accountable for an allegedly defamatory social media post alleging the doctor was ill with COVID-19. A Daily Dispatch report notes the EFF leader apologised for and withdrew the post when challenged by the doctor.
The Eastern Cape High Court (Makhanda) has now struck Mxenge’s urgent defamation claim from the roll with costs, accepting that there was no urgency in the legal action, as the post was made a month before the 28 May hearing. Mxenge claimed damages of R250,000 and wanted Gcilishe to have a notice published in the Daily Dispatch apologising for and unconditionally withdrawing the Facebook post.
In his judgment, Acting Judge Samson Dunywa said Mxenge had failed to advise the court that Gcilishe had apologised. He said if he had been aware Gcilishe had deleted the Facebook post he would have dealt with the matter differently. He was not in a position to decide if the defamation was true or false, as Gcilishe disputed having a malicious intent to defame Mxenge.
Dunywa said Mxenge could proceed with the main application or claim for damages, if he wanted to vindicate his name and reputation.
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