Court rejects Kambwili injunction against Daily Nation

NATIONAL Democratic Congress party leader Chishimba Kambwili has lost an attempt to stop the Daily Nation Newspaper and its employees from publishing articles about him after the court rejected his petition.

In a ruling delivered by the Lusaka High Court, Judge Mwila Kombe, dismissed Mr Kambwili’s application for an injunction against the Daily Nation, Editor-in-Chief and three reporters.

In this matter, Mr Kambwili claimed that Daily Nation had carried false and malicious articles in September and October 2017, headlined “Kambwili implicated in US$4m Mongu Stadium Deal” and “Kambwili arrest ordeal,” among others.

He stated that the newspaper quoted

PF cadre Munir Zulu who alleged that the construction of the US$4m Mongu Stadium was marred by corruption when he was Minister of Information.

He asked for an injunction restraining the Daily Nation or any of its agents from publishing similar libelous material against him.

But Justice Kombe said Mr Kambwili’s application lacked merit.

“For the foregoing reasons which I have highlighted above. I find based on the fundamental principles in relation to injections in defamatory cases that this is not an appropriate case in which I can exercise my discretion and grant an interlocutory injunction. The application therefore dismissed for lack of merit with costs to the defendants,” read part of the ruling.

The court held the view that Mr Kambwili had not demonstrated that the newspaper and its reporters had an intention to continue publishing the alleged defamatory words, damages would be adequate should he succeed at trial.

“The view I hold is that since the defendants have not pleaded justification that the words complained of are true and the plaintiff has not demonstrated that there is an intention by the defendants to continue publishing articles in relation to matters at hand, damages would be adequate remedy should the plaintiff succeed at trial,” she said.

The Editor-in Chief Richard Sakala and the reporters jointly sued in this matter are Oscar Malipenga, Aaron Chiyanzo and Simon Muntemba.