Judge Matibini refuses to remove Sata's injunction

Judge Matibini refuses to remove Sata's injunction
By Ernest Chanda
Fri 02 Sep. 2011, 14:00 CAT

THE Lusaka High Court has dismissed an application by Lusaka freelance journalist Chanda Chimba seeking the resumption of his Stand Up for Zambia television programme while the Supreme Court was determining his appeal on the matter.

Ruling in a case where Chimba appealed against the High Court's earlier decision to grant the injunction, High Court judge Patrick Matibini dismissed Chimba's application on ground that his defence of justification, fair comment and privilege were not likely to succeed at trial.

Judge Matibini said the defendants' conduct fell short of the standard of responsible journalism.

In this case, judge Matibini had on August 2 this year granted Patriotic Front leader Michael Sata an interim injunction restraining Chimba from defaming him through the Stand Up for Zambia television programme.

But Chimba appealed to the Supreme Court against the ruling and subsequently applied for resumption of his programme while waiting for his appeal to be determined by the Supreme Court.

Sata had in November last year sued Chimba and the Zambia National Broadcasting Corporation as first and second respondents respectively.
In the same suit, Sata included Muvi TV Limited and Mobi TV International Limited as the third and fourth respondents respectively.

Ruling on the matter yesterday, Judge Matibini said staying the injunction and resuming the broadcasting of Stand Up for Zambia would not be in public interest.

"Put quite plainly, I held in effect that the defendants did not behave fairly, reasonably and responsibly. In view of the foregoing, it cannot therefore be in the public interest to stay the injunction, and resume the broadcasting of Stand up for Zambia, pending the trial of the action," said Judge Matibini.

"Thus I have no hesitation in holding that in the circumstances, and on authority, the application for a stay of the interim injunction, must, therefore, be refused. Costs follow the event, and leave to appeal is granted."