Nakacinda blocks Prime TV

Daily Nation Newspaper - - HOME NEWS - By NA­TION RE­PORTER

THE Lusaka High Court has granted an in­terim in­junc­tion sought by MMD na­tional sec­re­tary Raphael Nakacinda re­strain­ing Prime Tele­vi­sion Lim­ited from pro­duc­ing any ma­te­rial from the in­ter­view in which the TV sta­tion al­legedly de­famed him.

This fol­lows an ap­pli­ca­tion for an order of in­terim in­junc­tion dated May 30, 2018 in which Mr. Nakacinda con­tend that the sta­tion caused to be broad­cast, an in­ter­view wherein he was called a thief and a con­vict. He claimed that the said defam­a­tory in­ter­view had con­tin­ued to be stream­lined on­line, caus­ing him to suf­fer fur­ther dam­age and that as a re­sult of the said defam­a­tory in­ter­view, his name has been put in dis­re­pute and low­ered his im­age in the eyes of the mem­bers of the pub­lic. He sub­mit­ted that even af­ter re­quest­ing the sta­tion to re­tract their state­ment, they re­fused and or ne­glected to do so but con­tin­ued to in­jure him in the po­lit­i­cal arena as well as in the busi­ness world as he is a politi­cian and a busi­ness­man. But ac­cord­ing to the rul­ing dated Septem­ber 26, 2018, High Court Judge Elita Mwik­isa said that the court was not in dis­pute that the in­ter­view where it was al­leged that the ap­pli­cant was called a thief took place. Jus­tice Mwik­isa said hav­ing care­fully con­sid­ered the ev­i­dence on record, she was of the view that there was a se­ri­ous dis­pute to be tried at the main trial. Judge Mwik­isa said she had ex­am­ined both copies of the al­leged in­ter­view from the Mr. Nakacinda and Prime TV and found that there were some ba­sis on which the Mr. Nakacinda felt en­ti­tled to an order of in­terim in­junc­tion as the words al­legedly com­plained of, namely of be­ing a thief, could dam­age his rep­u­ta­tion as a politi­cian. "I find that the bal­ance of con­ve­nience lies with the ap­pli­cant rather than the re­spon­dents as his rep­u­ta­tion would suf­fer more if the Re­spon­dents were left at lib­erty to con­tinue pub­lish­ing ar­ti­cles that have the propen­sity of fur­ther dam­ag­ing the ap­pli­cant's rep­u­ta­tion. “I am of the con­sid­ered view that dam­ages will not be ad­e­quate if the in­junc­tion were not granted to the ap­pli­cant in that he would suf­fer ir­repara­ble in­jury. It is for these rea­sons that I hereby con­firm the order of the in­terim in­junc­tion ear­lier granted to the ap­pli­cant on June 8, 2018," Judge Mwik­isa or­dered.

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