A June 2025 decision from the Gauteng High Court, Johannesburg, has emphasized the severe repercussions that can follow when false and malicious allegations are made, particularly within the legal profession. In this matter. The court awarded R500,000 in damages to an attorney who was the victim of defamatory statements and malicious prosecution by a colleague from the same law firm.

The dispute began when the defendant, also an attorney, reported to the police that the plaintiff had assaulted her and threatened her with an unlicensed firearm. These allegations were made both in person and in a sworn affidavit. However, the court found that the complaint was not only untruthful but also motivated by malice.

Evidence presented included a prior recorded threat by the defendant to injure herself and then lay a false charge against the plaintiff, as well as WhatsApp messages in which she threatened to make false criminal allegations unless the plaintiff complied with her demands.

The court was satisfied that the defendant’s actions were intended to damage the plaintiff’s reputation and professional standing, with the ultimate aim of having him struck from the roll of legal practitioners.

The consequences for the plaintiff were severe. He was arrested at his office in front of colleagues and witnesses, detained overnight, and then incarcerated for eight days in Modderbee Prison. During his detention, he was subjected to humiliating and degrading conditions, including being stripped naked and forced to sleep on a concrete floor without basic amenities.

The court accepted that these events caused significant harm to the plaintiff’s dignity, reputation, and emotional well-being. The judge described the defendant’s conduct as a deliberate and unfounded campaign to destroy the plaintiff’s reputation, which was considered an aggravating factor when assessing damages.

In determining the appropriate award, the court considered previous cases involving defamation and malicious prosecution, including those concerning legal practitioners. Although the publication of the defamatory statements was limited, the intended and actual consequences were particularly serious. The court therefore awarded the plaintiff R500,000 in general damages. In addition, given the seriousness of the defendant’s conduct and her position as an officer of the court, the judge ordered that costs be paid on an attorney and client scale.

This case serves as a clear reminder that false and malicious allegations can result in substantial damage and reputational harm. The courts take a very serious view of the abuse of legal processes for personal or professional gain. Breaches of these standards may be reported to regulatory bodies for further action, highlighting the importance of integrity and honesty in legal practice.

Jukes v Malekjee (2024/091632) [2025] ZAGPJHC 642 (26 June 2025)