South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

My ex wife is going around to people and telling them that…

Customer Question
My ex wife is going...
My ex wife is going around to people and telling them that I am bipolar and that is why we got divorced over a year ago. This is completely not true. She is telling untruths about my personality and telling people I want to get back together with her which is completely incorrect and lies. It is now interfering with my present relationship as she has told my current girlfriends work colleague these untruths and he is now discrediting me to her. What recourse do I have legally, is this harassment or defamation of character.

Sjeanne
Submitted: 8 years ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 7 minutes by:
7/5/2010
Lawyer: JP, Attorney replied 8 years ago
JP
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1,063
Experience: General South African Law.
Verified

Good Morning.

 

This is defamation of character.

 

Definition Of Defamation

Defamation is "the intentional and wrongful publication and communication of words or behavior to a third party which has the effect objectively viewed of injuring a person or entity's reputation".

 

Elements Of Offense

  • Intention
  • Wrongfulness (lack of justification)
  • Publication (to a third party and can be either verbal or written)
  • Causation (causes)
  • Damage

The Right To A Good Name

A person's or legal entity's reputation is something that is nurtured and which generally evolves over a long period of time as a result of extreme hard work, dedication and commitment but which can be destroyed or badly damaged in an instant. Loss of reputation can ruin lives.

 

How Do Damages Work In This Instance?

The claim for damages is aimed at least in part at providing the victim of defamation with some degree of monetary compensation for the damages sustained as a result of the defamation of their character or of the corporate entity's name and reputation.
Damages are awarded in one lump (monetary) sum; the court cannot order periodic payments to be made. Furthermore, only one award can arise out of a single cause of action. It is therefore important to quantify your damages fully when formulating your claim.

 

Duty To Mitigate

You cannot claim damages for loss you could have avoided had you taken the steps a 'reasonable man' would have taken to mitigate (reduce) damages. For example if you could have stopped someone from defaming you or your company then you cannot claim for loss which you could have prevented. We will help you assess your particular situation and advise as to whether or not you have a valid claim for damages.

 

Defences To An Action For Defamation

  • Privilege
  • Truth and public interest
  • Fair comment
  • Private defense
  • Provocation
  • Consent

 

Kindly accept my answer by clicking on the accept!

 

Kind Regards

JP

Attorney

Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for general information purposes only and to assist you to discuss legal matters with your attorney in person; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but is made as compensation for the obtaining as general legal information for further discussion with your attorney .If you do not agree with these terms and conditions, then you must advise me immediately.

 

JP
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1,063
Experience: General South African Law.
Verified
JP and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask JP Your Own Question
JP
JP
JP, Attorney
Category: South Africa Law
Satisfied Customers: 1,063
1,063 Satisfied Customers
Experience: General South African Law.

JP is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,811 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
My ex-girlfriend accessed and printed a copy of an e-mail off
My ex-girlfriend accessed and printed a copy of an e-mail off my private laptop without my permission in 2006. The relationship dissolved in 2010. We are currently in a dispute around my rights and ac… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
my lady friend have been living together for 3 years after
my lady friend have been living together for 3 years after she walked out from her husband who she subsequently divorced.i had nothing to do with her breakup and only met her 3 months after she left h… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
i was accused of sexual harassment was aquitted in a court
i was accused of sexual harassment was aquitted in a court of law all charges were false but the the person are still blackening my name is there anything i can do by law… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I have received an email from my sister-in-law. In this email
I have received an email from my sister-in-law. In this email she threatens my CA(SA) qualifications and accuses me of many unsavory things, all of which are false. She goes as far as accusing me of b… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
My grand child of 11 is being harassed by a girl in her class.This
My grand child of 11 is being harassed by a girl in her class.This childs mother is the instegator She is telling all kind of lies writting horrible letters using my grandchild's name. this is getting… read more
Bert274
Bert274
Attorney
Master's Degree
481 satisfied customers
Having my ex girlfriend intimidating me for infecting her with
Having my ex girlfriend intimidating me for infecting her with HIV virus, she only knew my status after I declared to her when the condom burst when we had sexual intercourse, now intimidating me to h… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
If i lay a charge against someone for blackmail, what will
If i lay a charge against someone for blackmail, what will the process be. Will i have to appear in court. This person is bound to say untrue and nasty things about me in court and i dont want to face… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Poisonous Ex Wife I have been divorced for about 11 years
Poisonous Ex Wife I have been divorced for about 11 years from my first wife. Married 9 years. I have for all these years kept up with Maintenance, costs and all obligations. Since the divorce My chil… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
what is the definition of character in sa law and what constitutes
what is the definition of character in sa law and what constitutes such an act. Which south african legislation has jurisdiction over defamation of character… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Good Day I have sold my membership of a close corporation
Good Day I have sold my membership of a close corporation to my partner 4 months ago, now she is running around saying i defrauded the business which is not true, these rumours are going around town. … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi, I am seeking legal advise on a proper South African process
Hi, I am seeking legal advise on a proper South African process to follow. I am being harassed by my boyfriend x-wife. She insults me and send vial inbox messages to me on an online social network lin… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi My question is on defamation on character and slander. I
Hi My question is on defamation on character and slander. I have a fiance who is divorced and two boys age 5 and 9 from that marraige. We have been together two years, I was not the reason for the div… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
i need to initiate legal action against my sis in law for defamation
i need to initiate legal action against my sis in law for defamation of character how do i proceed with a case of this nature… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I have a problem with my brother in law, he is accusing me
I have a problem with my brother in law, he is accusing me of several stuff and incidents which is not true, and he is also threathning me with defamation of character, although it is he that is doing… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Can a recruitment agency conduct checks on somebody just so
Can a recruitment agency conduct checks on somebody just so that they can taint the persons reputation with her current employee. The head od Human Capital Mngt in an organization decided to terminate… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
My ex is harassing me for money to cover some damages where
My ex is harassing me for money to cover some damages where we stayed when we were together. The contract and everything was on her name, and when I resigned from my job, I stayed with her for 2 and a… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
This is a question regarding the rights of a divorced parent.
This is a question regarding the rights of a divorced parent. Does the father have rights if: His ex wife verbally (sms) his new girlfriend? His ex wife is negligent towards the children's school & sp… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Dear Madam/Sir,I trust you are well.I require some
Dear Madam/Sir, I trust you are well. I require some advice on how to counter a possible civil case against myself brought by a company for whom my ex-girlfriend used to work for. My ex-girlfriend and… read more
JP
JP
Attorney
Bachelor
1,063 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x