Tuesday, July 26, 2011

Sata wins damages in libel case against Ronnie

Sata wins damages in libel case against Ronnie
By Mwala Kalaluka
Tue 26 July 2011, 14:00 CAT

THE Lusaka High Court has decided in favour of PF leader Michael Sata in a case where he sued chief government spokesperson Lieutenant General Ronnie Shikapwasha for defamation. The Lusaka High Court, last Thursday, entered a default judgment against Lt Gen Shikapwasha after he failed to avail himself before the court in a case where Sata sued him for libel and slander.

This is a matter where Sata, leader of the country’s largest opposition party, the Patriotic Front, in May this year sued Lt Gen Shikapwasha, the information minister and MMD parliamentarian.

The defamation suit stems from remarks attributed to Lt Gen Shikapwasha alleging that Sata supports homosexuality and warned that once people voted Sata into office he would change laws that would see marriages breaking up.

Sata claims the remarks were aired on ZNBC’s main evening news of April 21, 2011.

Sata is also seeking an interlocutory injunction restraining Lt Gen Shikapwasha from repeating the said slanderous words and that the court should award him costs.

Sata said Lt Gen Shikapwahsa’s statement was false and malicious as the words were understood to mean that he was a homosexual and guilty of the criminal offences on indecent practices.

Sata said the words were further understood to mean that should he win the presidency of the country, he would compel all persons to become homosexuals or lesbians.

He further said the said words were calculated to disparage and diminish his political ambitions of ascending to the Republican presidency.

However, according to a copy of the High Court judgment in default of appearance to defence entered against Lt Gen Shikapwasha last Thursday, the court ordered that Sata recovers general damages for defamation of character from him.

The court made the order in view of Lt Gen Shikapwasha's failure to appear in court in compliance to the Writ of Summons.

“The Defendant not having appeared to the Writ of Summons here, it is this day ajudged that: (i) The Plaintiff recovers against the Defendant general damages for defamation of character to be assessed by the learned Deputy Registrar. (ii) Cost to the Plaintiff, to be taxed in default of agreement,” the default judgment read in part.

The court, according to Sata's lawyers, has set August 2, 2011 as the date of hearing of the application for interlocutory injunction in the same case.

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