- J3 P166 April 15, 2003, in Kabulonga with .... Mr. B. Ndovi”. These are the publications which gave rise to the suit for defamation against the 1st and 2nd respondents. Mr. Bevin Ndovi gave evidence at trial, as the appellant’s 3rd Witness. Before demanded publication. commencing from the 2nd legal proceedings, respondent, an the appellant apology The letter did not demand damages. over the It is dated 15.11.2004 and is at page 127 of the record of the appeal. On 25th November 2004, the 2nd respondent published an apology in the Times of Zambia, which reads as follows: “APOLOGY – Mr. Bevin Ndovi was mentioned in stories that were published on November 14th 2004 and November 20, 2004, concerning the expulsion of Chembe Member of Parliament, Mr. Dalton Sokontwe from the MMD. We sincerely apologise for any insinuations as a result of the said publication and unreservedly withdraw the mention of his name. EDITOR.” However, despite this apology, the appellant went ahead with legal action against the 2nd respondent. The 1st respondent pleaded the defence of fair comment; saying: “that the words complained of are fair comment on a matter of public interest.” That was in addition to denial of the