KS v AM and Another
Case: KS v AM and Another (2021/28121)
Court: Gauteng Division of the High Court, Johannesburg
Date of judgment: 12 November 2024
Status: Finalised
Last updated: 14 November 2024
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Case overview: On 12 November 2024, the Johannesburg High Court handed down a groundbreaking judgment for damages for various online harms, including the creation of an imposter social media profile and the non-consensual sharing of intimate images (NCII), a recognised form of sexual and gender-based violence. Damages for such harms have not been fully tested in South African law.
The Court found that the conduct infringed the Plaintiff’s personality, identity, dignity, privacy, and reputation. As a result, the Court affirmed that the Plaintiff is entitled to the maximum protection of the law and awarded damages of R3.5 million for the invasive and degrading conduct.
This judgment confirms that such conduct is a deep affront to a person’s human dignity, personal autonomy, privacy and sexual integrity.
The outcome of this case and the Plaintiff’s unwavering courage in persisting with this matter will hopefully enable other victims and survivors to access justice.
Access the judgment here.
The Plaintiff was represented by Advocate Ben Winks, instructed by Tina Power, S’lindile Khumalo, Claire Dehosse, and Michael Power of Power & Associates Inc.
