crucial to the development of a democratic culture. As primary agents of
the dissemination of information and ideas, they are inevitably, extremely
powerful institutions in a democracy and they have a constitutional duty
to act with vigour, courage, integrity and responsibility. The manner in
which the media carry their constitutional mandate will have a significant
impact on the development of our democratic society. If the media are
scrupulous and reliable in the performance of their constitutional
obligations, they will invigorate and strengthen our fledging democracy, if
they vacillate in the performance of their duties, the constitutional goals
will be imperiled. The Constitution thus asserts and protects the media in
the performance of their obligations to the broader society------However, although freedom of expression is fundamental to our
democratic society, it is not a paramount value. It must be construed in
the context of the other values enshrined in our Constitution. In
particular, the values of human dignity, freedom and equality--------It has long been recognized in democratic societies that the law of
defamation lies at the intersection of the freedom of speech and the
protection of reputation or good name--------Under our new Constitutional order, the recognition and protection of
human dignity is a foundational constitutional value----------The value of human dignity in our Constitution therefore values both the
personal self-worth as well as the public’s estimation of the worth or value
of an individual--------------The law of defamation seeks to protect the legitimate interest individuals
have in their reputation. To this end, therefore, it is one of the aspects of
our law which supports the protection of the value of human dignity.
When considering the constitutionality of the law of defamation
therefore, we need to ask whether an appropriate balance is struck
between the protection of freedom of expression on the one hand, and the
value of human dignity on the other.”

[8]

This right to human dignity is obviously what propelled the Respondent
(as Plaintiff) to approach the court a quo, alleging that a certain article
published by the Appellants (as Defendants) on 9 May 2009, damaged her
reputation and good name and that she suffered injury thereby. The
Respondent claimed damages, in the following terms:“(1)

Payment of the sum of E2,000,000-00.

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