Daily News wins defamation suit against Moyo

Daily News wins defamation suit against Moyo

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By Staff Reporter

THE Associated Newspapers of Zimbabwe (ANZ) has won a defamation claim against Information Minister Jonathan Moyo, the Herald newspaper and its shadowy columnist Nathaniel Manheru.

In a judgement delivered on Wednesday, Justice Yunus Omerjee ordered Moyo to pay $2,5 million while Zimpapers, publishers of the Herald will pay $5 million and Manheru $250 000.

The ANZ was claiming $50 million against Moyo, the Herald and Manheru after stories were published alleging The Daily News peddled British propaganda.

The Daily News and its sister paper The Daily News on Sunday is currently banned on Moyo's orders.

ANZ lawyer, senior counsel Advocate Adrian de Bourbon had told the court that Moyo defamed the newspaper by cursing the ANZ publications last year. He cited several statements in The Herald where Moyo alleged that ANZ was publishing “anti-Zimbabwe stories meant to peddle British intelligence propaganda”.

He further averred that stories from The Herald suggesting that ANZ was British-owned would be a violation of provisions of Access to Information and Protection of Privacy Act AIPPA) which forbids foreign ownership, thereby making the remarks defamatory of the ANZ.

De bourbon had further stated Moyo responded out of context to a story which had appeared in the Daily News in May last year alleging that there would be an economic package for Zimbabwe should President Robert Mugabe accede to a political settlement.

The lawyer accused Moyo of abusing his position as a government minister in order to pursue an agenda against the ANZ. “You are obviously making a political statement without any base because when a newspaper defames a person, it does not matter that one is a minister or an ordinary person but it is one’s legal right to seek recourse,” said Moyo who occasionally had a heated exchange with de Bourbon.

“I am not here as Jonathan Moyo the individual but I am here as a Minister of Information, I am here in my official capacity and in that capacity I should discharge my duty as what the President appointed me to do.”

Moyo further said it was strange that the ANZ was suing another newspaper when it could settle the issue by publishing an article countering it.

When asked how many cases he had instituted against ANZ, Moyo said: “I can’t remember because they are in the business of defaming people, they are too numerous to remember.”

In addressing the court, de Bourbon submitted that the respondents had failed to make a proper defence on a requirement for fair comment in that it should be fair, bona-fide, true and should be of public interest and based on facts which are generally known to the relevant audience.

“The witness we have today is arrogant and used the opportunity as a free licence to say what he wanted to say no matter how scandalous,” said de Bourbon. “He rumbled on why he denied the story.

“He talks of unethical pink journalism and Mr. Moyo would want us to believe that those journalists who write for pink newspapers are unprofessional without giving any shred of evidence.”

The respondents' lawyer, Johannes Tomana has vowed to appeal against the judgement, hailed by media organisations on Thursday as a victory for press freedom.
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