Terms of Service

Terms, Conditions and Rules of Petitions.org.za

1. How to launch a hugely successful, legal petition!

This may be a long read, but it is worth it. Know your rights, protect yourself and recognise the pitfalls!

Your Rights	Protect Yourself	Recognise the Pitfalls
Every Citizen has the right to a peaceful protest or petition	A defamatory statement is justified by three main defences i) The first is that the statement must be true and in the public interest. ii) Secondly, the statement amounts to fair comment or freedom of expression; iii) and thirdly, the statement is made under privileged circumstances. iv) In more recent times, a fourth defence was adopted by the Supreme Court of Appeal in National Media Limited and Others v Bogoshi where it was held that the reasonableness of the publication which should consider the nature, extent and tone of the allegations can be used as a ground to justify the statement. An Analytical Look Into the Concept of Online Defamation in South Africa Desan Iyer* Associate Professor, Department of Private Law and Deputy Dean, Teaching and Learning, Faculty of Commerce, Administration and Law, University of Zululand	Defamatory Petition Example: "John Doe is unfit to be a principal at a high school." Issue: This is a vague, unproven statement that focuses on an opinion rather than facts. Problem Areas: It lacks evidence, does not focus on behavior, and is not clearly in the public interest. Strong Petition Example: "John Doe failed to remove a coach from their role despite the Governing Body dismissing them as a teacher three weeks prior. The coach was found guilty of two counts of sexual harassment but remains in contact with students. We demand the coach be barred from the premises and John Doe be removed from their role for gross negligence." Why It Works: It presents verifiable facts, focuses on actions rather than personal attacks, and serves the public interest.

Please refer to “further legal references and information below”

2. The Rules for Petition in South Africa

Our research has shown that South Africa does not have a well defined petitions act, but rather certain rules for petition especially designed for interaction with government (national, provincial, local) bodies

We have included our terms of use for the Petitions.org.za site to these as well, on the whole, it really should be pretty straight forward.

Terms and Conditions and Rules relating to petitions
Do	Don’t
Address your Petition to the right person..we even suggest you contact their department or office prior to starting the petition and understand what their specific rules of engagement are. Be prepared to publish and sign your name and contact details on the petition being presented, otherwise it will not be considered valid in SA (not necessary to publish online for general public consumption) Give an introduction, context for the petition Have clear actionable outcomes as a request Ensure that what you are saying is easily understood and well laid out	Use defamatory or derogatory language or foul language in any way whatsoever. Ensure that you have 2 witness signatures when you do submit to the relevant bodies (not necessary online)
Terms and Conditions and Rules specifically for Petitions.org.za
Do	Don’t
Do Explain your problem, explain the impact, request a recommended solution Do be mindful of how to word your petition to obtain an outcome and not a warning or removal from our site or other legal entities	Be defamatory Use any form of incitement to violence Use any form of hate speech Mislead or impersonate others Cause any form of intentional harm to others Break the Law Violate privacy of others Use highly explicit graphics Jeopardise an ongoing legal case by speculating Cause harm to children by releasing any information or images about an individual or group of children that could have them identified in any way whatsoever Start a petition if you are younger than 18 years old, even if it is about you!

1. Further Legal References and Information

The Legal References:

1. https://www.lawyer.co.za/faq/Defamation%20Law.html#no3
2. An Analytical Look Into the Concept of Online Defamation in South Africa

_Desan Iyer* Associate Professor, Department of Private Law and Deputy Dean, Teaching and Learning, Faculty of Commerce, Administration and Law, University of Zululand

_Excerpts 1-4 below from Desan Iyer publication:

1. Defamation is widely regarded as the “intentional infringement of another’s right to his good name, or, more comprehensively, the wrongful, intentional publication of words or behaviour concerning another which has the tendency to undermine his status, good name or reputation”

2. The elements that need to be proved in order for a claim of defamation to succeed are: (a) the wrongful and; (b) intentional; (c) publication of; (d) a defamatory statement; (e) concerning another

3. A defamatory statement is justified by three main defences

i) The first is that the statement must be true and in the public interest.
ii) Secondly, the statement amounts to fair comment or freedom of expression;
iii) and thirdly, the statement is made under privileged circumstances.
iv) In more recent times, a fourth defence was adopted by the Supreme Court of Appeal in
National Media Limited and Others v Bogoshi where it was held that the reasonableness of the publication which should consider the nature, extent and tone of the allegations can be
used as a ground to justify the statement.

For a further breakdown of the main defences of a defamatory statement and the most essential aspect of what a petitioner should consider we turn to https://www.lawyer.co.za/faq/Defamation%20Law.html#no3

i) Slide 6: “What constitutes a mistake or lack of intention to defame”
Notably amongst others: If a defendant makes a defamatory remark which he believes is justified because he believes it to be true and in the public interest, he will not be liable even if it turns out later not to be true. However, he must produce evidence that he did not have the intention to defame.

ii) Slide 7 “ What constitutes comments that are ‘truthful’ or ‘in the public interest or benefit’?

Notably amongst others: If what was said can be shown to be true, and, provided the remarks were also made in the public interest, the defendant cannot be held liable for the damage done to a reputation. This is because he will be held to have justified his attack on said reputation.

iii) Slide 8 “What constitutes fair comment?”

Notably amongst others: It will not help a defendant to simply dress up an allegation of fact as an expression of opinion – the opinion expressed by a defendant must be based on fact for it to qualify as a protected opinion.

iv) Slide 9 “What constitutes privilege?”

Remarks made in Parliament are privileged. Remarks made in the course of court proceedings – whether true or false, or whether fair comment or not are similarly privileged. Fair and accurate reports of either parliamentary or court proceedings enjoy a similar privilege.

Summary and returning to Desan Iyer:

South Africa does not have a clear legislative framework regulating online defamation. South African courts have dealt with the area of online defamation on a case-by-case basis with the common law and the Constitution providing the basis for such cases to be heard.

In addition, South African courts tend to look at other key statutes such as:

• the Electronic Communications and Transactions Act
• the Regulation of Interception of Communications and Provision of Communication-related Information Act
• the Trade Marks Act
• the Labour Relations Act
• the Code of Good Practice in the Labour Relations Act
• the Promotion of Equality and Prevention of Unfair Discrimination Act
• the Employment Equity Act
• the Protection from Harassment Act
• the Protection of Personal Information Act

; amongst others, when dealing with cases pertaining to the social media.

Although the Cybercrimes and Cybersecurity Bill, which is still to become law in South Africa does not specifically deal with online defamation, it does make it a criminal offence to distribute or broadcast a data message that is harmful to another.

However, none of the aforementioned Acts provides clear guidelines to deal specifically with the issue of online defamation.

1. **Reference papers and sites for Rules for Petitioning Parliament

i) 2024 parliamentary press release
**https://www.parliament.gov.za/press-releases/media-statement-members-public-can-now-directly-petition-national-assembly

ii)Deepening Democracy: Petitions - What are they and how do they work?

Helen Suzman Foundation https://admin.hsf.org.za/publications/hsf-briefs/deepening-democracy-petitions-what-are-they-and-how-do-they-work