inflation and devaluation of the currency of Swaziland in the intervening
period.

[78] The proposition also loses sight of the fact of the dynamics and progression
of the law. The law is not static. Therefore, if Judges did not do what has
never been done before, when the facts and circumstances justify same, as in
the case instant, then the law will remain static while the rest of the world
goes by. That will be dangerous for both. I am compelled to recap the
words of the court a quo in this regard in paragraph [56] of the assailed
judgment, as follows:“----- There should not be a doubt that damages should be meaningful with
the victims and potential victims being assured of their rights of dignity and
reputation being protected as well. Certainly, if this has not been the case,
perhaps the time has come for the media to have greater responsibility in
their publication.”

[79] Finally, there has been no apology from the Appellants even in the face of
the untruthfulness and unreasonableness of the publication. Rather, they
have maintained an intransigent and reprehensible conduct in their pursuit of
some spurious and unfounded defence. By so doing, they attempt to defend
the indefensible. The lack of justification of the publication coupled with the
lack of apology from the Appellants, should command a condign award of
damages.

[80] In the final analysis, it has not been shown that the court a quo improperly
exercised its discretion in arriving at the award. This court lacks the power
to interfer.

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