ABSTRACT
A Sudanese judge observed, General damages are given in defamation cases really for the purpose of vindicating the plaintiffs character and to show the world that the defendant acted wrongfully in publishing the libel or slander. The attitude of the defendant, particularly whether there was evidence of malice or deliberate falsification, will be relevant to damages. The use of the award of exemplary damages is to induce Government to discipline its servants whose action has resulted in loss to Government, and so as to serve as a deterrent for future cases. The whole Kapwepwe saga, incidentally, shows very clearly the potential for over-compensation of plaintiffs by the award of exemplary damages. There is little authority on when exemplary damages will be awarded in "RookesvBarnard jurisdictions". The words "exemplary" or "punitive" tend to be used indiscriminately to describe damages which are greater than required to compensate the plaintiff, but are in recognition of the particularly reprehensible conduct of the defendant.
