- J15 P178
Counsel

for

the

appellant

conceded

that

the

1st

and

2nd

respondents had a duty to disclose all the information to the
general public on matters of public interest, then they had a duty
to make full disclosure of the facts of the story. That holding finds
support in Article 20 of the Republican Constitution which deals
with protection of freedom of expression. That article gives freedom
to any person, inter alia, to receive information and to impart and
communicate such information to the public generally.

In this

case, the two respondents received information, in the form of a
response, from Hon. Sokontwe, for them to communicate to the
public generally. And they did just that. We wish to emphasize
that this holding is based on the facts of this case – with particular
regard to the concession that was made at trial.

We are not

formulating a new defence in defamation law.
On the totality of issues, the 1st ground of appeal fails.
Ground two is that the learned trial Judge erred in law and in
fact when he held that the truth or otherwise of the impugned
allegation is irrelevant for the question of whether or not the
defence of fair comment succeeds. We have already dealt with the
defence of fair comment in detail, in the 1st ground. What we have
said in that ground covers ground two as well. We do not wish to
repeat ourselves.

Select target paragraph3