Accusation of Shoplifting: Actionable Defamation or Iniuria? – Pieterse v Clicks Group Ltd

Abstract

In this case, the plaintiff was accused of shoplifting. In general, shoplifting may be described as willfully taking possession of or concealing unpurchased goods that are offered for sale with the intention of converting the merchandise to the taker’s personal use without paying the purchase price. Concealment generally means covering an object to keep it from sight or otherwise hiding it from the direct view of the retailer. As shoplifting is endemic, not only in South Africa but worldwide, it is understandable that retailers take preventive steps to curb this scourge and to take criminal and civil action against perpetrators. On the other hand, customers who are falsely accused of shoplifting may suffer infringement of their personality rights which may constitute grounds for delictual claims against the business concerned.

Keywords: shoplifting, retailers, preventive steps, false accusation, personality rights, delictual liability