The Western Cape High Court recently delivered a judgment in a
default judgment application that stems from a defamation matter
instituted by Rosemary Ryan ("Ms Ryan")
against the Hyatt Regency Cape Town hotel ("Hyatt
Regency") and Yusrie Bornelius ("Mr
Bornelius"), a former driver employed by the hotel.
The case arose from remarks allegedly made by Mr Bornelius about Ms
Ryan to the doorman at the La Colombe restaurant in Constantia.
While the Hyatt Regency entered an appearance to defend and the
action continues against it, Mr Bornelius did not do so. Ms Ryan
accordingly sought default judgment against Mr Bornelius for
damages of ZAR500,000.
In considering the default judgment application, the Court
examined the operation of Rule 31(2)(a) of the Uniform Rules of
Court and the restrictions on hearsay evidence under section 3 of
the Law of Evidence Amendment Act, 1988, ("the
Act") particularly where the hearsay concerns the
core issue of liability in a defamation
