Supreme Court Rebukes RBI for Remaining a Bystander as YES Bank Operated Clandestinely  ||  Supreme Court: Lower Fresh Bids Alone Cannot Justify Cancellation of an Auction  ||  Supreme Court Directs Delhi Police to Produce Section 163 BNSS Orders and Preserve CCTV Footage  ||  Supreme Court Affirms Menstrual Hygiene as a Fundamental Right, Warns States of Contempt  ||  Supreme Court Flags AI-Generated Fake Judgments Submitted in a Party’s Case Compilation  ||  Karnataka High Court: Vijay Mallya’s Flamboyant Lifestyle Hinders Settlement of Bank Claims  ||  Delhi High Court: Women can be Booked for Gang Rape without Physically Committing it  ||  Delhi High Court: Litigants Must Track Their Cases and Cannot Blame Lawyers for Their Own Inaction  ||  Allahabad High Court: Contract Workers Must Prove Work Parity With Regular Staff for Equal Pay  ||  Allahabad High Court Directs UP Trial Courts to Decide Maintenance Execution Cases Within Six Months    

Democratic Alliance vs. Rulumeni - (13 Jan 2023)

Wrongfulness was to be established objectively, taking into consideration the legal convictions of the community

Civil

Appeal is against an order of the Eastern Cape, East London Circuit Court (the high court) which held the Democratic Alliance liable for damages for infringing the dignity of Ms. Rulumeni. Ms. Rulumeni had instituted action against the Democratic Alliance for infringement of her dignity when, in February 2016, she was interviewed in what she described as a toilet or ablution facility. Ms. Rulumeni claimed both general damages for infringement of her dignity and pure economic loss because she was not selected in a position sufficiently high on the electoral list to secure appointment as a municipal councillor.

The high Court found that, the choice of venue, which it described as an ablution facility, was wrongful and that the interview was conducted with the intention of infringing Ms. Rulumeni’s dignity. It therefore found the Democratic Alliance liable for general damages sustained by Ms. Rulumeni. It dismissed the claim for pure economic loss on the basis that, no evidence was presented to sustain the claim.

The description of the venue chosen for the interview was not definitive. It held that, wrongfulness was to be established objectively, taking into consideration the legal convictions of the community. The venue used for the interview was a well-appointed changing room, carpeted and furnished. Although the ladies’ toilets were accessed via this room, the room itself was not a toilet or ablution facility. The attributes of the room did not, objectively speaking, offend the legal convictions of the community.

The evidence did not establish that, the Democratic Alliance had acted with the intention to infringe Ms. Rulumeni’s dignity. No other suitable venue was available at the time. In the light of the circumstances, in particular the urgent need to finalise the selection process before 8 February 2016, the venue was the best available. The high Court had failed to take into account the uncontested evidence denying an intention to infringe Ms. Rulumeni’s dignity. Neither wrongfulness nor intentions were established. The appeal was therefore upheld.

Tags : DIGNITY   INFRINGEMENT   DAMAGES  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved