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Mike Otis
Mike Otis, Legal Advisor
Category: South Africa Law
Satisfied Customers: 2161
Experience:  B.Comm; LL.B; LL.M.
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I have recently been the victim of what I believe to be a clear

Customer Question

I have recently been the victim of what I believe to be a clear case of Defamation of Character. The person (with whom I am in a financial dispute with), has been harassing me, threatening me with violence, and had now written an email to me and my employer saying things such as I am a thief, that I was fired from my previous company and that I have been unfaithful to my wife by using street prostitutes.
He has also gone further in email to say that he is now out to destroy me and is going for outright destruction.
I am in South Africa but the person in question lives in Europe.
Please advise me on coarse of action.
Submitted: 2 years ago.
Category: South Africa Law
Expert:  Mike Otis replied 2 years ago.
What you are describing is undoubtedly defamatory of your character. Unfortunately, due to the fact that the person making these statements, is based abroad, South African courts will not have jurisdiction to entertain such a dispute. Yours recourse will be to pursue any such claim in the courts where this person is based. Unfortunately, that is not always practical and would largely depend on the resources available to you to pursue such a claim. If, however, this person does have assets within the borders of SA, one could attach those assets in order for the SA courts to found their jurisdiction on such assets. Finally, you mention a financial dispute, so if that dispute ends up in a court in due course, you could with very little extra resources add your claim for damages to any litigation that arises from the financial dispute. Yours faithfully,