THE Lusaka High Court has dismissed an application by Patriotic Front (PF) president Michael Sata for an injunction to stop the TIMES newspaper from publishing articles about him.
Lusaka High Court Judge Evans Hamaundu said in a ruling that he had declined to grant an injunction sought by Mr Sata, who wanted an interlocutory injunction to restrain the Times from publishing what he alleged were defamatory words concerning him.
Mr Sata had said in the affidavit in support of his application that the Times published articles that concerned him in several of its editions in February this year.
The affidavit said the words in those articles were understood to mean that he was not a law abiding citizen, that he had a criminal record, that he was not a sincere Christian and that he was a dishonest person without integrity.
Mr Sata wanted the defendant, Times, to be restrained by way of a court order from repeating the publication of defamatory matters because he was likely to suffer irreparable injury as his political ambitions and standing in the Catholic Church could not be atoned for by damages.
The Times, through their lawyers Brian Singine and Joseph Musonda, filed an affidavit in opposition to the application saying that the plaintiff, Mr Sata was a president of the main opposition political party in Zambia and was for that reason a well-known public figure whose conduct the general public were entitled to comment on.
“The defendant published the articles complained of in the discharge of a public duty to the general public,” the affidavit says.
It said the Times were not the originator of the information contained in the articles and prior to the publication of the articles the defendant had contacted Mr Sata for his reaction.
At the hearing, Mr Sata’s lawyer John Mulwila said there were serious matters to be tried namely, whether or not the plaintiff was dismissed from the police because of a criminal offence and whether or not he led a polygamous life.
The court was asked to grant an injunction if there was prima facie evidence that the statements made were not true.
The plaintiff’s contention was that when it came to matters concerning a political career, the issue of damages would not suffice and only a freezing order would do.
In response, Times counsels argued that the question of whether an injunction ought to be granted or not was to be determined by reference to the circumstances and the state of the law.
“An injunction will not be granted if it will be oppressive to the defendant. The defendant will be able to substantiate the material complained of once the matter proceeds to trial.”
The lawyers argued that the defendant has not continued to publish the same material but has published different articles on different subjects.
An award of damages would sufficiently indemnify the plaintiff if he succeeded in that action.
Mr Justice Hamaundu said in his ruling that in such a matter, the newspaper’s right to freedom of speech should be considered.
He said the articles complained of could be defended successfully by the defence at trial and to satisfy himself, he wanted to closely look at the articles complained of.
The first article, the judge said, showed that it was a report by the Times of words said at a Press conference by former president Frederick Chiluba who was also responding to utterances that Mr Sata had said about him and his wife.
The rest of the articles showed that they were reports of what other people had said and in those articles, Mr Sata was quoted as having made some response or other to the utterances.
“Clearly, the defendant was merely disseminating what other people including the plaintiff were uttering.
However, the defendant was making attempts to balance the utterances by seeking the reaction of the plaintiff,” Mr Justice Hamaundu said.
He said the matter was an appropriate case where the defendant’s rights should remain protected and for that reason, he declined to grant the injunction sought.
[Times of Zambia]
The Times should also criticise the bloated govt . The govt is not squeaky clean all the time .
:d/:d/:d/
Times of Zambia is very unprofessional togetther with ZNBC and Daily,there is no way they could be reporting negatively on one individual Daily,utter nonsense[-x[-x[-x[-x
The problem is that we do not discuss issues, we have preconceived Ideas. When something happens we criticise something else. It is like a Man who quarrels with his wife but because of the anger bits up his children (Missing the point). This outcome of this case was pridicted by many people including blogers. The land scape in Zambian politics is that there is the so called Govt controlled media and the so called independent (opposition media). The predicament that the so called Govt controlled media has is that they don’t find any news coming from the opposition other than criticisms without offering any tangible suggestions. It is the politics of pull him down so that I can go to state house and not that the Zambian people can have a better life.
If you are a public figure know that you will be in the tabloids and the rest-lies or not. If they are writing lies about you sue them.
But, if you are in Africa, chances of you wining a case are next to zero. Way it goes. Ni Africa iyi batata!
The thing about times is that they report the truth, they don’t fabricate stories and everybody knows that they are telling the truth why don’t people complain about the way the post reports.
They only talk ill about RB, it it that you want time to do as well, I have not checked the post how have they reported this story
SO IT IS TRUE THE THE TRUTH HURTS
So, if he came to power, is he going to stop Times from criticizing him? How about the Post, will they remain loyal? I wish as Zambians we could see beyond 2011..
GBM, Vice President – untouchable (he’s rich)
Winter Kabimba – Works and Supply (Toilets all over)
Given Lubinda – Information and Broadcasting Lies
Guy Scott – Vice President 2 (Responsible for PF)
HH – Prime Minister without portfolio (responsible for UPND)
Chishimba Kambwili – Minister without Portfolio (responsible for vigilantes, kaponya desk, rent-a-mob)
Post – Times,
Daily Mail – Toilet paper
Challenger will be sold and replaced with pimped up Boeing 747 bought by GBM (he’s rich)
Mwaice Pwando or is it panyo. Waba akabukal a ubunono kwati kaka Maestro Hehehe or Nine (9) Chale. So what has 2011 got in stock for you?
Mwaice Pwando or is it panyo. Waba akabukal a ubunono kwati kaka Maestro Hehehe or Nine (9) Chale. So what has 2011 got in stock for you?
Glad you know Daily Mail is tiloet paper bwamber bobe.
Mwaice Pwando or is it panyo. Waba akabukal a ubunono kwati kaka Maestro Hehehe or Nine (9) Chale. So what has 2011 got in stock for you?
Glad you know Daily Mail is toilet paper bwamber bobe.
#10GBM, I’ve just told u what I foresee. Tell me what u foresee without insulting. Oh, sorry, u can’t talk without insulting because u r a cheap no brainer unlike the real GBM (he’s rich).
Democracy and freedom of speech is not one-way my dear. Allow others to do (or say) what you do to them. Is that how 2011 will be for you? Anyone with an opposing view is your enemy? And you call that democracy? I am glad I am NOT voting for PF under whatever circumstances.
#7 Dont you think that Chishimba Kambwili would make a good foreign minister or maybe Minister of Finance? Not sure which would be the best positions for the two women MPs who like fighting in public ngati mahule.:-?
Pan yo who tells you that democracy is writing crap? Oh yes it is. Pull him down so that we carry on steal ing from the poor akabucolour.
#13GBM, what u have just written is crap. If it is not, I shudder to see what is!! Most of the PF manifesto is a huge pull him down document. There is nowhere where it says how PF is going to run the country. There is a big strategy however on how PF will win the elections and that strategy is very good, and is working. But how they will take us forward beyond 2011 I have not heard. The promise of 90 days is also crap. If it isn’t, I shudder to see what is. In honest and maturity, assume I was being a fool in #7, how do u see 2011 cabinet? Allay my fears, please.
Mr Law suit. He likes taking others to court. Yet he is quick to chicken when attacked by others. Please not this in my office.
This GBM must be an imbwa, I have never seen. Debate issues bakalamba, we can all insult but this is not the forum.
I am sure those insulting are PF cadres, RB does not insult, just like MMD cadres on this blog space, But PF cadres are dead insulter s i have never seen any PF cadre write anything constructive other than insulting or talking about what their Senior Public Relations and Chief PF campaign Manager Fred Membe writes in on his Toilet Papers.
Can somebody please answer me, why is it that PF supporters are FULL, very FULL of Insults, and they write good Bemba anyway
IF YOU TELL LIES ABOUT OTHER PEOPLE,PLEASE ALLOW THE TO TELL THE TRUTH ABOUT YOU. THE IS PUBLIC LIFE AND PRIVATE LIFE. CHOOSE ONE OF THEM. I DID’NT KNOW ABOUT HAKAINDE HICHILEMA UNTIL HE COME IN THE PUBLIC DOMAIN.
IF YOU TELL LIES ABOUT OTHER PEOPLE, PLEASE ALLOW OTHERS ALSO TELL THE TRUETH ABOUT YOU.THERE IS A PUBLIC LIFE AND A PRIVATE LIFE.CHOOSE ONE ONLY ONE OF THEM .I DID’NT KNOW ABOUT HAKAINDE HICHILEMA UNTIL IN THE PUBLIC DOMAIN.