enforced changes. The Plaintiff’s standing is also high because of
her position as Senate President.
[65]

It was submitted that the highest ever award was in the case of
The Editor, The Times of Swaziland and Others vs Martin Akker
Supreme Court Case No. 44/2009 where a sum of E100 000.00 was
awarded as damages. Whilst that may be the case, I am of (sic)
view that the said case ought to be distinguished from the present
one. Mr. Akker was a Deputy sheriff yet in this case the Plaintiff is
the Acting Chief responsible for a wide community and is also
Senate President. The extent and effect of the publications was
more scathing in the present matter than it was in the Martin
Akker one. I have to consider as well the periods between the two
and the devaluation in currency. Furtherstill I must consider that
the publication of the offending material in the Martin Akker
matter was not shown to be as sustained and serialized as this one
was. This matter is also different when considering that the
negative effect in the Akker matter was not shown as having been
felt immediately and in reality as was the case herein where
according to the Defendants’ own story it caused the Simelanes to
enforce changes by allegedly or supposedly removing the Plaintiff
from her position.

[66]

Having considered all the circumstances of the matter, its
seriousness and its effect on the Plaintiff, I am convinced that
damages in the sum of Five Hundred and Fifty Thousand
Emalangeni (E550 000.00) will be an appropriate award to make
and I accordingly award Plaintiff the said amount as damages
together with interest at 9% per annum from date of judgment to
date of payment as well as the costs of suit.”

[68] Adv. Flynn has raised before us some arguments, principal of which is that,
the amount awarded is too excessive and will have a chilling effect on the
media; the matter was already in the public domain before the publication;
the highest amount awarded in Swaziland in relation to such damages was
the sum of E100,000 in the Akker case; the publication did not have much
effect on the Respondent as she has retained her position as Senate President
and Acting Chief of Kontshingila; the Appellants made every effort to get
the Respondent’s side of the story but to no avail, therefore, they could not
43

Select target paragraph3