their failure to engage the Plaintiff first and also when they failed
to engage the Dubes who are the maternal parents of the Plaintiff.
I say this because of what was stated in Chinamasa vs Jongwe
Printing and Publishing Co. (PTY) LTD and Another 1994 ZLR
133 (A) at 167 – 168 where Barlet J stated the following:‘---that failure to investigate or to get comment from the
person who is the subject of a story is indicative of malice.’
Clearly in the matter at hand other than the fact that Defendants
had clearly taken sides in the dispute of the Simelanes and felt
they had to advance the side they had chosen, no sound
explanation has been given why they published the articles before
getting the Plaintiff’s side nor even before properly verifying the
truthfulness of the allegations concerned.
[62]

In the matter I have no hesitation that the Defendant took side in a
long established chieftaincy dispute and therefore put aside all the
consideration it needed to take in order to advance the side it had
chosen. It should have known however that as it did so it was
taking a risk. From the suggestion of the damages in the sum of
E50 000.00 by Mr Flynn, I have no hesitation in concluding that it
was fuelled to do what it did because of its belief that it would in
any event be made to pay no more than the amount in question.
Such thinking must come to an end. The media is a powerful tool
which can be used to build or destroy innocent people and they
cannot be allowed to get away lightly where they were not only
deliberate but downright malicious in their publication.

[63]

Furtherstill I have to consider the nature of the defamatory
statements; the extent of the publication, the reputation and
character of the Plaintiff as well as the motive and conduct of the
Defendant. The Plaintiff was otherwise labeled as a dishonest
person who would conceal her true identity so as to secure an
appointment as a chief and as a Senate President. She was also
one who conceals her true identity in order to associate herself
with the Simelane’s where there was going to be something for her
benefit. Clearly these allegations once shown to be untrue cannot
in my view attract the usual nominal damages.

[64]

The publication was sensationalized and was widely distributed
throughout the country and even on internet. On the other hand
the Plaintiff is an Acting Chief and as such a recognized
traditional structure – she is responsible for a wide community
which according to the Defendants’ own assertions in the
Newspapers was peaceful until after their publication which

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