- A dentist received R250 000 in defamation damages after a colleague made a crude sexual remark during a workplace argument.
- The High Court in Thohoyandou ruled that the statement seriously violated the dentist’s dignity, even though only a few people heard it.
- The Department of Health was found vicariously liable for the damages and legal costs, along with the colleague.
A dentist who was publicly accused by a colleague of selling her body for money has been awarded R250 000 in defamation damages after the High Court in Thohoyandou found that the crude workplace insult unlawfully harmed her dignity and professional reputation.
Deputy Judge President MV Semenya decided the amount of compensation Dr Seopa Mmadipele Benedict should receive after Judge TC Tshidada had already ruled in her favour on the merits of the defamation claim. The defendants were Dr Maluleke Salani George and the MEC for Health, Limpopo Province, who was cited due to the department’s vicarious liability for its employee’s actions.
Workplace dispute escalated into defamatory insult
The incident happened on 19 February 2020 at Nkhensani Hospital in Giyani, where both Benedict and Maluleke worked as dentists for the Limpopo Department of Health.
The confrontation started when Maluleke questioned Benedict about her late arrival at work and her authority to sign another colleague’s leave forms. During the argument, he said he was “not like the plaintiff who sells her body to make money.” The remark was made in front of two other dentists and a patient who was receiving treatment at the time.
Judge Tshidada previously found that the words were “explicitly sexual, vulgar, and defamatory in nature” and rejected Maluleke’s defence that he meant the word to refer to a cat.
Complaint led to professional misconduct finding
Benedict reported the incident to the hospital’s chief executive officer, then sought relief through the Giyani Magistrate’s Court, and also filed a complaint with the Health Professions Council of South Africa.
On 9 July 2020, the HPCSA’s Professional Conduct Committee found Maluleke guilty of unprofessional conduct and fined him R8 000.
Dentist says incident changed her life
Benedict told the court that the incident had a profound effect on her personal and professional life. She explained that she had been married for 15 years, and the defamatory remark created tension in her marriage after her husband asked whether the allegation could be true.
She also said she no longer felt comfortable working at Nkhensani Hospital because the environment had become toxic, which led her to resign and move to Polokwane, where she now runs her own dental practice.
She also said that the rumours affected her practice after one patient made unwanted advances and mentioned gossip about her. Benedict said the incident affected her mental wellbeing, disrupted her sleep, and left her fearful of Maluleke, whom she described as a bully. She added that she remained upset because neither defendant had apologised.
Defendant says remark made in the heat of the moment
Maluleke testified that he had been overseeing the dental unit while the hospital’s chief executive officer was away on outreach activities.
According to his testimony, Benedict challenged his authority, accused him of taking photos of her with his cellphone, and mocked both his position and salary in front of junior staff. He maintained that the offensive remark “was made in the heat of the moment during an argument.”
Judge weighed aggravating and mitigating factors
In deciding the damages, Judge Semenya considered how serious the attack on Benedict’s dignity was, how limited its audience had been, and the circumstances surrounding the incident.
The judge said the allegation was especially damaging because Benedict was a married professional who was well known to her colleagues. “The statement that she sells her body in front of her colleagues is considered an aggravating factor,” Judge Semenya said.
At the same time, the judge found that the harm was lessened by the fact that only a few people heard the remark and that it was made in the heat of the moment during an argument. The court also noted that Maluleke had already been sanctioned by the HPCSA.
R250 000 found to be fair compensation
After looking at similar defamation awards and the evidence from both sides, Judge Semenya found the plaintiff’s claim for R3 million was too high, but also agreed that the defendants’ suggestion of R150 000 was too low. “Taking everything into account, I find that R250 000 is a fair amount for all parties in this case,” the judge said.
Judge Semenya ordered that Maluleke and the MEC for Health, Limpopo Province, must jointly pay Benedict R250 000 in defamation damages, along with her legal costs.
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