‘Restrain Kambwili, compensation cannot match damages’

PF deputy secretary-general Mumbi Phiri has told the Lusaka High Court that the damages Chishimba Kambwili has caused on her character cannot match any monetary compensation.

She said unless the court restrained Mr Kambwili from uttering defamatory remarks against her, she will continue to suffer injuries to her reputation.

In this matter Ms Phiri sued Mr Kambwili for defamation of character and is demanding K100 million Kwacha for special damages.

It is alleged that Mr. Kambwili uttered defamatory words, which have injured her political and professional standing in society.

She claimed the alleged defamatory statement implied that she is corrupt and that she built her house using bribes from the Chinese and Lebanese companies that get contracts from the government.

Meanwhile, Mr Kambwili said his statement against Ms Phiri was a fair comment on a matter of public interest and that the words complained of are true in their ordinary and natural meaning.

He said it was not necessary for the court to restrain him because Ms Phiri also defamed him.

Mr Kambwili said Ms Phiri can be compensated through the award of damages.

But Ms Phiri in her reply, opposed the monetary compensation saying that her good reputation could only be protected through injunctive reliefs (restraining orders).

“The assassination of my character through the issuance of defamatory statements by the defendant against me cannot be adequately compensated through an award of damages.

“If anything, the value of my character cannot match any monetary compensation that I may receive in this case and I am advised by counsel that it is widely accepted by the court that good reputation should always be protected through injunctive reliefs,” Ms Phiri argued.

Ms Phiri said that she is entitled to injunctive reliefs because Mr Kambwili already admitted publishing the alleged defamatory statements against her as he has the intention to continue with the publications based on his assumption that he is justified to publish or that he is making a fair comment against her character.