In a divided decision, two judges of the Supreme Court upheld an appeal that a local daily newspaper had lodged against a judgment of the High Court that awarded lawyer Ferdinand Vincent du Toit N$100 000 in damages and an apology.
Judge of Appeal Elton Hoff and acting judge of appeal Jerry Shongwe upheld the appeal, while judge of appeal Sylvester Mainga dismissed the appeal, resulting in a majority decision to uphold the appeal and order Du Toit to pay the costs of the appeal to include the cost of one instructing and two instructed counsel.
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