- J6 P169
On this ground, the gist of Mr. Kalaluka’s submissions, on
behalf of the appellant, is that the 1st and 2nd respondents are duty
bound to check the accuracy of any material they intend to
publish. That the respondents ought to have taken steps to check
the accuracy of the impugned material in this matter or at least
justify the failure to take such steps. That the Respondents have
no special rights to share any information about others without
due regard as to how it may be injurious to the reputation of
others. In support of these submissions, he referred to:
(a) Sata v Post Newspapers Limited (No citation given).
(b) Times Newspapers (Z) Limited v Wonani (1).
(c) Galley on Libel and Slander 8th Edition 1981, paragraph 695 and page
117.

In response on the 1st ground on behalf of the 1st respondent,
Mr. Nchito and Mrs. Chirwa submit that the learned trial Judge
never found or held that the duty of the 1st and 2nd respondents
was that of full disclosure without due regard to the veracity and
possible injury to third parties. They submit that what the learned
trial Judge said, and did so on firm ground, was that if 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 a full disclosure of
the

story.

They

submit

that

the

1st

respondent

had

a

Constitutional right to inform the general public on the expulsion
of Hon. Sokontwe from the ruling party, which right it could not

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