CHINAMASA v JONGWE PRINTING & PUBLISHING CO (PVT) LTD & ANOR 1994 (1) ZLR 133 (H)

Flynote

Delict — actio injuriarum — defamation — what is — allegations that serving Attorney-General had been subject of criminal investigation, involving fraud committed on client while a private practitioner — defamatory nature of such allegations — basically true story but seriously corrupted — no serious investigation made by reporter — meaning to be given to words — ordinary readership of newspaper — meaning given by such readers to words used

Delict — defamation — defences — justification — no attempt by defendants to establish truth of allegations made — fair comment — requirements for defence to succeed — qualified privilege — requirements — not applicable to newspapers disclosing information to readers — malice orimproper motive disqualifying defences of fair comment or qualified privilege — requirements — failure by newspaper to conduct serious investigation — failure to seek comment from subject of article

Delict — defamation — damages — quantum — serious allegations made against professional lawyer and person of unimpeached character — person also holding high office and prominent in public life — no apology or retraction — declining value of money — effect in assessing amount of damages — no evidence of conspiracy to blacken plaintiff's name