defamatory publication by the Appellants; whether context of the
words in the publication an innuendo or defamatory per se;
guiding principles discussed; whether quantum of damages
excessive; guiding principles in assessment of damages considered;
held: the publication was unreasonable in all the circumstances of
the case; held further: no misdirection disclosed in the assessment
of the quantum of damages by the court a quo; appeal dismissed
with costs.




This appeal is steeped in the fundamental human right of dignity of every
individual in the Kingdom of Swaziland as well as the right of freedom of
expression. In the wake of the new constitutional dispensation, both
common law rights acquired constitutional hegemony in the Constitution
Act, 2005.


Both fundamental rights are of paramountcy in a democratic society.
Commenting on the right of dignity in my decision in The Swaziland
Government v Aaron Ngomane Civil Appeal Case No. 25/2013, paras
[1] – [4], I stated as follows:-


We live in an era of human rights. As Justice Pikis, President of the
Supreme Court of Cyprus, rightly observed in the text “The


Select target paragraph3