A fraudulent iPad order, an arrest and a R1.6m claim
- A government employee was, at the instigation of officials in his department, arrested and taken in for questioning by police on suspicion of fraudulently ordering R138,000 worth of 14 iPads on departmental letterheads.
- The police released him after taking a statement and his employers did not pursue disciplinary charges against him. They also withdrew an accusation of unlawful conduct in the workplace, with however an indication that the matter might be revisited if further information came to light.
- The employee accused his employers of defamation and sued them for R1.6m in damages for his tarnished dignity and reputation at work, trauma, post-traumatic stress, medical expenses and loss of earnings
The acid test – 3 things an accuser must prove
An accuser relying on reasonableness of the publication as a defence must prove, held the Court, that he or she -- Had reason to believe in the truth of the statement,
- Took reasonable steps to verify its correctness, and
- Acted reasonably when reporting the matter to the police, or that publication of the statement was reasonable in all the circumstances of the case.
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