Kambwili restrained from defaming Findlay
NDC leader Chishimba Kambwili has been prohibited from defaming Lusaka businessman Valden Findlay whom he accused of being a drug dealer.
Mr Kambwili has also been condemned to pay costs to Mr Findlay.
Lusaka High Court judge Elita Mwikisa said in her order of injunction that if freedom of speech is left unrestricted, it may have damaging consequences on the liberties of the individual in a democratic dispensation.
In this matter, Findlay has sued Kambwili in the Lusaka High Court for accusing him of being a drug dealer and using the Presidential jet to traffic drugs.
Findlay who is seeking, among other claims, damages for libel and slander and an order of injunction to restrain Kambwili by himself, servants or agents from uttering any defamatory remarks concerning him, lamented that his reputation and character as a renowned businessman has been damaged as he has been labeled a drug dealer and trafficker. On September 9, 2019, Kambwili challenged President Edgar Lungu to disclose the kind of business he was involved in with Findlay.
“I want to ask the President to be very honest with the people of Zambia: tell us what business you have with Valden Findlay. History has it that Mr Findlay was locked up by Dr Kenneth Kaunda for dealing in drugs.
We have seen that whenever you go abroad, when coming out of the plane, the next person to come out is Valden Findlay! There are allegations by the people of Zambia and world-over that, maybe, the Presidential trips and the Presidential Plane is now being used to courier drugs...,” Kambwili said.
However, on September 25 this year, Judge Mwikisa granted Mr Findlay an ex-parte order of injunction restraining Mr Kambwili from uttering any defamatory remarks against him.
In confirming the order of interim injunction earlier granted to Mr Findlay, Justice Mwikisa said she was of the belief that if Mr Kambwili was not restrained Mr Findlay may suffer irreparable injury or serious mischief due to Mr Kambwili’s utterances.
“If freedom of speech is left unfettered, it may have dare consequences on the liberties of the individual in a democratic dispensation where the rule of law is respected by its citizenry or general populace.
“It is against this background that I am inclined to believe that if the defendant is not restrained, the plaintiff may suffer irreparable injury or serious mischief, due to the utterances made by the defendant which may ultimately have a propensity of damaging the plaintiff’s reputation and standing in society as well as his business interests,” Judge Mwikisa sa i d.
S h e said she was satisfied that Mr Findlay had shown that Mr Kambwili’s defence of justification and fair comment had failed because he had no adduced reasonable evidence to that effect.
Justice Mwikisa found that Mr Findlay would suffer irreparable injury than Mr Kambwili if he was not restrained because no reasonable member of society would like to associate or do business with a person labelled as a drug dealer and
trafficker.