the court can only exercise its discretion to award damages of E100,000 and
below, in all cases.

[72] It seems to me that the fallacy of this argument lies on different fronts which
I detail hereunder.

[73] Firstly, I know of no rule or principle of our law under which the
discretionary power of the court to award damages, can be so fettered.
The suggestion that the discretion of the court a quo must be approximated
to the amount of E100,000 divests such a discretionary power of its judicial
and judicious efficacy, based on all the peculiar facts and circumstances.
Such a process, with respect, will amount to an arbitrary and

capricious

exercise of discretion without any rational basis. It will be wrong in
principle. See the Government of Swaziland v Aaron Ngomane (Supra)
paragraph [88].

[74] Secondly, the proposition loses sight of the fact that Mr. Akker was a
Deputy Sheriff. His status in the society as such, was of far less prominence
than that of the Respondent, the Senate President and Acting Chief of
Kontshingila. She is not just a local figure but an international personality.
The egregiousness of the degradation is incomparable regard being had to
the fact that the newspaper circulates around the globe in the cyberspace. On
the surface it extends beyond the boarders of Swaziland to other nations. Not
losing sight also of the fact that the defamation in Akker was less
acrimonious and the decision was given in 2009, about five (5) years ago.
The court a quo correctly considered these factors in its judgment.

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