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LPL4802 Latest Exam Pack with Current
Portfolio Answers, Semester 2 2023.
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, Footnotes and Bibliography included. DISTINCTION
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Portfolio Due: 27 October 2023
LPL4802 PORTFOLIO Semester 1 (2023) ANSWERS
Question 1
The actio iniuriarum is a legal recourse available in South African law to address
claims of harm to an individual's reputation, dignity, and privacy. It is a remedy that
arises from a delictual action, where the intentional or negligent violation of a
person's personality rights by another individual or entity is at the core. The purpose
of this remedy is to provide the victim with compensation for any harm they have
suffered as a result of the violation.
Within South Africa, the actio iniuriarum is recognized as a means to remedy
infringements upon personality rights, which are considered fundamental human
rights. The country's constitution explicitly acknowledges the right to dignity as an
inherent right that cannot be deprived by anyone. Additionally, Section 10 of the
Constitution guarantees every individual's right to privacy, while Section 14 ensures
the right to freedom and security of the person.
The actio iniuriarum can be invoked in situations where an individual experiences
damage, loss, or harm due to the violation of their personality rights.
This remedy can be applied in various scenarios, such as defamation, invasion of
privacy, harassment, and intentional infliction of emotional distress. The actio
iniuriarum allows individuals to seek legal redress for the harm caused to their
reputation, dignity, or privacy.
Case law, such as the Residents of Industry House and Others v Minister of Police
and Others, 1 can provide insights into the nature and application of the actio
iniuriarum. In this case, the Constitutional Court of South Africa addressed a claim
brought by residents of Industry House who alleged that their dignity and privacy
rights were violated during a police search operation. The court recognized the actio
iniuriarum as a valid remedy for the infringement of personality rights and
emphasized the importance of protecting these rights in a democratic society. The
court's decision affirmed the right to dignity and privacy as constitutional rights that
should be safeguarded.
In addition to case law, legal sources and academic commentary can further
elucidate the nature and application of the actio iniuriarum. Scholars and legal
experts often discuss the historical development of this remedy, its conceptual
underpinnings, and its relationship with other legal principles, such as freedom of
expression and the limitation of rights.
Overall, the actio iniuriarum serves as a crucial legal tool for individuals to seek
redress when their personality rights are violated. It provides a means for victims to
1
Residents of Industry House and Others v Minister of Police and Others 2023 (1) SACR 14 (CC).
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