The High Court’s Limpopo Division in Polokwane, presided over by Acting Judge M Bresler, recently witnessed a contentious legal battle arising from a bitter family feud.
The case revolved around accusations of social media defamation, where members of the same family allegedly posted harmful and defamatory statements on platforms such as TikTok and Facebook.
The plaintiffs, Elizabeth Morongoa Motsepe and her relatives, argue that the ongoing online harassment has severely tarnished their reputations and infringed upon their constitutional rights.
At the heart of this dispute lies a conflict over the deceased estate of Klaas Mogale Motsepe, the late husband of the first applicant, Elizabeth. The respondents, Esther Motsepe and Christina Mathukwane Letshelele, claim to be extended family members, yet their relationship with the applicants has deteriorated. This feud has led to protection orders, criminal charges, and now a legal battle over defamation.
Social media conduct and harassment claims
Tensions escalated when, on 11 May 2025, the first and second respondents reportedly posted several derogatory and incendiary statements on social media, accusing Elizabeth of witchcraft, murder, and other criminal acts. Alarmed by these accusations, the applicants sought immediate intervention from both the police and the court. Despite receiving a legal directive to cease online attacks, the respondents intensified their posts, further aggravating the dispute.
During proceedings, Esther attempted to justify her statements as self-defense, arguing they were reactions to abuse allegations made against her by Elizabeth. However, the court found no sufficient evidence to support these claims, undermining the respondents’ defense.
Decision on digital defamation
In the ruling, Acting Judge Bresler highlighted the defamatory nature of the respondents’ remarks and acknowledged the urgency of the case due to the ongoing digital onslaught. The court ruled against the respondents and granted the applicants several relief measures, including:
- An interdict preventing any further defamatory statements on social media.
- An order for the removal of previous posts from TikTok and Facebook.
- A mandatory public apology to address the reputational harm.
The court warned that failure to comply could result in harsher penalties, including the closure of social media accounts to prevent further harm.
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