IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NUMBER 899/2020 In the matter between - WEZIWE TIKANA-GXOTIWE Applicant and LUNGILE MXUBE Respondent RESPONDENT’S HEADS OF ARGUMENT INTRODUCTION 1. We submit that the applicant (referred to herein as the “MEC” interchangeably) has not made out a case for the relief sought, which relief, inter alia, is a claim that the applicant has been defamed. 2. Our heads of argument are structured as follows - 2.1. Firstly, we state that the claim brought by the applicant is vague and embarrassing and that the applicant has not made out a case for defamation 2.2. Secondly, we argue that a final order on motion is inappropriate and the
- 2 - matter should be dismissed as it should have been brought on trial 2.3. Thirdly, we set out the defences of truth and public benefit as well as that of fair comment in the event that the court finds that the statements are defamatory in nature.