appears in alphabetical order in a dictionary and in respect of which a definition and/or translation is given.
Prof Prinsloo was responsible for drawing up two headword lists (one in each language) which then formed
the language database (also referred to as a "corpus") for each side of the dictionary. It is said that Prof
Prinsloo's work enabled OUP to include a range of school subjects, something that was novel in the South
African school dictionary market. Ultimately, about 5000 headwords were selected on each language side of
the dictionary.
[25] From November 2004, the freelance personnel went about compiling and developing the entries for the
dictionary. They made use of innovative software programmes, which have since become standard software
for dictionary compilation, both in South Africa and internationally. I shall deal with the work of these compilers
in a little more detail below, since it is at this level that Media 24 ultimately suggests that the plagiarism
probably occurred.
[26] Once each compiler had completed her/his work it was returned to OUP whereafter it was submitted to a
translator. When the translation was complete, the work was checked and edited. Ms Hall says that she
identified the need for lexicographic expertise to edit the compiler's work and Dr Phillip Louw, a coeditor at
the monolingual "Woordeboek van die Afrikaanse Taal" with a doctorate in lexicography, was approached in
October 2005 to assist, initially on a freelance basis and later as a fulltime employee of OUP.
[27] In the first half of 2006, OUP summited a final draft version of the dictionary to eight of the nine Provincial
Education Departments in South Africa for evaluation. All eight Provinces approved of the dictionary and
orders from them came in towards the end of 2006. In November
Page 486 of [2015] 3 All SA 478 (WCC)
2006, the unpublished dictionary was reviewed both externally and internally, in the latter instance by Ms Hall
herself who effected final corrections. The completed work was published in January 2007.
[28] Dr Wanda Smith, who deposed to the founding affidavit on behalf of Media 24, is also a lexicographer with
many years' experience she has worked for Media 24 for more than 15 years. She explains that the Pharos
work was first compiled in 1993 under the auspices of Tafelberg who employed Ms Madaleine du Plessis to
undertake the task. As such, copyright vested in Tafelberg, given that the work was an original. As I have
already demonstrated, through a series of corporate takeovers and restructuring exercises, it is undisputed
that such copyright now vests in Media 24.
[29] Dr Smith says that in October 2011 Pharos began compiling a new edition of the work and in the process
discovered, so Media 24 alleges, that large portions of the work had been copied by OUP in the compilation of
its dictionary. This discovery was made after, inter alia, OUP's dictionary had been reviewed by the compilers
of the Pharos work: as will be seen later, it is evidently common practice for lexicographers to consult
competing titles when compiling a new work.
[30] Dr Smith refers to four relevant terms in dictionary compilation. In addition to "headwords" and "headword
lists", there are "example sentences"14, and "sense distinctions".15 These can be illustrated by looking, for
example, at the word "judge" in the OUP work.
"judge noun, verb.
Noun (judges)
1.
Regter
.
The judge sentenced the criminal to ten years in prison
Die regter het die misdadiger tot tien jaar tronkstraf gevonnis.
2.
Beoordeelaar.
.
Who will be the judge at the fashion show?
Wie sal die beoordeelaar by die mode parade wees?
Verb (judging, judged)
1.
Uitspraak doen.
Hy het uitspraak oor hom in die hof gedoen.
[31] The word "judge" is the headword taken from the headword list under the letter "j". "The judge sentenced
the criminal to ten years in prison" is the example sentence, and, the distinction between a judge in a court of
law and a judge in a fashion show demonstrates the various sense distinctions (primary and secondary) in
which the noun can occur.
[32] For the sake of completeness, I point that on the Afrikaans side of the OUP work one finds:
'"regter' naamwoord (regters) judge.
.
Die regter moet beslis of die man skuldig is of nie.
The judge must decide whether the man is guilty or not.
Page 487 of [2015] 3 All SA 478 (WCC)
"Beoordeel" werkwoord (het beoordeel) judge.
.
Ons skoolhoof gaan die kompetisie beoordeel.