Why the state cannot sue Piet Rampedi (and why that is a good thing) →

The state cannot sue for defamation. This has been the position since long before our democratic constitution entrenched the right to freedom of expression. In 1946, the highest appeal court found that the South African Railways and Harbours, as a state organ, could not sue Die Spoorbond trade union for defamation. Judge Oliver Schreiner explained "it would involve serious interference with the free expression of opinion... if the wealth of the state, derived from the state's subjects, could be used to launch against those subjects, actions for defamation because they have, falsely and unfairly it may be, criticised or condemned the management of the country".

Individual state officials can approach the courts to vindicate their reputations, but few do, because they have to use their own money to do that, and risk paying their opponents' legal costs if they lose.