LUTTERODT J.: As the first defendant’s defence raised a number of legal issues, the same were, upon an application brought by his counsel, set down for argument. The first issue which reads thus:
“Whether or not the proceedings in an inquiry before the Ombudsman and the various exhibits tendered at the said inquiry and as referred to in paragraphs 13-16 of the statement of claim are not absolutely privileged by virtue of section 15(31) of the Ombudsman Act, 1980 (Act 400),” raises no problems whatsoever. Both counsel are agreed that such material are absolutely privileged.
The next question is also formulated thus: “That the said proceedings at the said inquiry cannot ground an action for defamation.” I should think this is a correct statement of the law, for the simple reason that if they are absolutely privileged they cannot form the basis of or ground for any action for defamation.
In my view therefore, the plaintiff cannot use the information he collected or gathered at the Ombudsman…