- J13 P176
repetition of the allegations by the M.M.D. Therefore, the defence
of fair comment was not established by the 1st respondent.

We

agree with Mr. Kalaluka that the defence of fair comment was not
available in this matter.
We now move to the defence of denial that the words
complained of in their natural and ordinary meaning are not
defamatory of the plaintiff.
This defence must be considered in relation to the meaning of
defamation.

Defamation is the publication of a statement which

reflects on a person’s reputation and tends to lower him in the
estimation of right-thinking members of society generally or tends
to make them shun or avoid him: See Winfield, page 515.
Whether given words are defamatory is a question of law. It is not
for the plaintiff or witness to say so.
On the pleadings and evidence, we are of the view that the
words complained of against the 1st and 2nd respondents, in their
natural and ordinary meaning, are not defamatory of the appellant.
Clandestine means done secretly or kept secret: See page 257 of
the new 7th Edition of Oxford Advanced Learner’s Dictionary.
In our view, to say that the appellant, retired civil servant, had
secret meetings with named politicians, who were former Cabinet
or Deputy Ministers, whom he met and knew when he was a civil
servant at State House, does not lower him in the estimation of

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