Nation Magazine suffers legal loss

21 February 2008

SWAZILAND: On February 7, 2008 the privately-owned Nation monthly magazine was ordered to pay E120,000 (approximately US$20,000) to a civil servant for defamation of character by the High Court of Swaziland.
The judgement follows a lawsuit against the magazine by the Under Secretary in the Ministry of Health and Social Welfare, Sikelela Dlamini, filed at the High Court.
High Court judge, Stanley Maphalala ruled that the award was in respect of injury and damages Dlamini suffered as a result of an article printed and published by the Nation in June 2007 which was defamatory. The article was critical of Dlamini and two politicians who were accused of having thrown their weight around resulting in the near collapse of Swaziland�s health sector following the non-awarding of a tender for the supply of drugs and medication to government hospitals and clinics. One of the politicians, MP Marwick Khumalo, also sued the Nation but his case is still pending in court.
Judge Maphalala said the defendants (Editor, Bheki Makhubu, and the Nation) did not defend Dlamini�s action, thus he subsequently heard Dlamini�s evidence on the measure of damages.
Dlamini had initially claimed E2.5 million (approximately US$360,000) in damages.
In his judgement, Justice Maphalala said Dlamini was a trusted civil servant occupying a very important position in the civil service with an untarnished reputation prior to the �defamatory statements by the defendant�.
Asked why they did not defend the case, Nation editor, Makhubu, said they were not aware of it. �If we had known the date, we would have defended the matter,� he said.
This is the third lawsuit for defamation against the Nation in recent times. The other two cases in which they are also sued for millions of Emalangeni, are still pending in court.

Ends

Source: MISA