Magazine wins court reprieve

11 March 2008

SWAZILAND – The Nation Magazine of Swaziland has recorded a rare media victory in the country through a High Court decision to grant the paper a reprieve in a case in which they had been ordered to pay over US$15,000 for defamation.

On February 22, 2008 the High Court of Swaziland granted the privately-owned Nation magazine an order for stay of execution of a recent default judgement that awarded a government official E120,000 (approx. US $15,000) for an alleged defamatory article published by the magazine.

Magazine editor, Bheki Makhubu, filed the application to set aside the default judgement granted on February 1, 2008 in favour of the Under Secretary in the Ministry of Health and Social Welfare, Sikelela Dlamini by the High Court.

He said the article constituted fair comment in the public interest as it pertained to public funds and figures. He contended that the facts commented on were truly stated facts concerning Dlamini in his capacity as a public figure in an issue involving the procurement of drugs for the public by the Ministry of Health and Social Welfare under which Dlamini serves as Under Secretary.

In his papers Makhubu said he had no knowledge of the judgement against his publication until a reporter from a daily newspaper contacted him about it. He said confirmation of the existence of the judgement was then published in the Times of Swaziland newspaper on February 8, 2008.

He contended that in any event, the amount claimed and even the amount awarded as damages to Dlamini was highly excessive, uneconomic and shocking and not in keeping with comparable awards to public officials of Dlamini’s stature.

High Court Justice Maphalala granted the stay of execution of the judgement and the matter will now follow the normal court procedure.

Source: MISA