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THE Lusaka High Court has granted Lusaka freelance journalist Chanda Chimba III leave to appeal against an order of injunction granted in favour of Patriotic Front (PF) leader Michael Sata restraining him from publishing alleged defamatory articles, including those to do with his health in the Stand Up for Zambia (SUFZ) News.
Lusaka High Court Judge in Charge Jane Kabuka said Mr Sata had succeeded in two of the three main issues raised in the matter and would have his costs of the application taxed in default of agreement.
In the second issue of the publication, where the newspaper was quoting United Party for National Development (UPND) president Hakainde Hichilema and the defence of qualified privilege given by Mr Chimba, Ms Justice Kabuka said in the absence of overwhelming malice, the defence was generally sustainable.
She said: “Libel or no libel? I would say no libel. On the available evidence, I find the defence of qualified privilege in the circumstances of this case is not one I can say might not succeed at trial.”
In this matter, Mr Sata was asking the court to grant him an interlocutory injunction against Mr Chimba for allegedly publishing defamatory articles about him, including his health.
According to Mr Sata, the defamatory articles were under the headlines ‘Sata is a sick man’, ‘Close encounter with the cobra’ and ‘King Cobra spearheads homosexual campaigns’.
Mr Sata claimed he had been seriously injured in his character, credit and reputation and was demanding damages and an injunction restraining Mr Chimba and his servants or agents from distributing, circulating or selling the said tabloid until determination of the matter.
He said Mr Chimba’s publication alleged that his sicknesses had led to fears that he might not lead the country longer due to his serious medical condition.
Ms Justice Kabuka stated that Mr Sata, in his first affidavit, stated that Mr Chimba was widely distributing SUFZ News while in the second, Mr Sata stressed that the defendant had continued publication of the articles defamatory of his character.
She said in the third affidavit, Mr Sata contended that Mr Chimba had with impunity gone to publish a fourth edition of SUFZ News and the two articles that he complained of were under the headlines ‘Sue me to prove your dead denials on homosexuality, Kalusa tells Sata’ and ‘Take revelations by SUFZ seriously – Siulapwa’.
Mr Sata contended that although he had been evacuated to South Africa and treated at Milpark Hospital in Johannesburg, he was discharged after full recovery in the same month and even participated in the presidential elections as a candidate under PF. He had also engaged in vigorous countrywide campaigns as a testimony that he was in good
health.
In her ruling Ms Justice Kabuka said there was nothing in the affidavit evident at this stage to support Mr Chimba’s allegations and the issue of fair comment could not be sustainable.
Ms Justice Kabuka said there were no facts on the material availed by the defendant to court to insinuate imminent or impending death of the plaintiff. She granted the injunction and accorded Mr Chimba leave to appeal against the ruling.
Lusaka High Court Judge in Charge Jane Kabuka said Mr Sata had succeeded in two of the three main issues raised in the matter and would have his costs of the application taxed in default of agreement.
In the second issue of the publication, where the newspaper was quoting United Party for National Development (UPND) president Hakainde Hichilema and the defence of qualified privilege given by Mr Chimba, Ms Justice Kabuka said in the absence of overwhelming malice, the defence was generally sustainable.
She said: “Libel or no libel? I would say no libel. On the available evidence, I find the defence of qualified privilege in the circumstances of this case is not one I can say might not succeed at trial.”
In this matter, Mr Sata was asking the court to grant him an interlocutory injunction against Mr Chimba for allegedly publishing defamatory articles about him, including his health.
According to Mr Sata, the defamatory articles were under the headlines ‘Sata is a sick man’, ‘Close encounter with the cobra’ and ‘King Cobra spearheads homosexual campaigns’.
Mr Sata claimed he had been seriously injured in his character, credit and reputation and was demanding damages and an injunction restraining Mr Chimba and his servants or agents from distributing, circulating or selling the said tabloid until determination of the matter.
He said Mr Chimba’s publication alleged that his sicknesses had led to fears that he might not lead the country longer due to his serious medical condition.
Ms Justice Kabuka stated that Mr Sata, in his first affidavit, stated that Mr Chimba was widely distributing SUFZ News while in the second, Mr Sata stressed that the defendant had continued publication of the articles defamatory of his character.
She said in the third affidavit, Mr Sata contended that Mr Chimba had with impunity gone to publish a fourth edition of SUFZ News and the two articles that he complained of were under the headlines ‘Sue me to prove your dead denials on homosexuality, Kalusa tells Sata’ and ‘Take revelations by SUFZ seriously – Siulapwa’.
Mr Sata contended that although he had been evacuated to South Africa and treated at Milpark Hospital in Johannesburg, he was discharged after full recovery in the same month and even participated in the presidential elections as a candidate under PF. He had also engaged in vigorous countrywide campaigns as a testimony that he was in good
health.
In her ruling Ms Justice Kabuka said there was nothing in the affidavit evident at this stage to support Mr Chimba’s allegations and the issue of fair comment could not be sustainable.
Ms Justice Kabuka said there were no facts on the material availed by the defendant to court to insinuate imminent or impending death of the plaintiff. She granted the injunction and accorded Mr Chimba leave to appeal against the ruling.
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