MUJURU v MOYSE & ORS 1996 (2) ZLR 642 (H)

1996 (2) ZLR p642

Flynote

Constitutional law — Constitution of Zimbabwe 1980 — Declaration of Rights — s 20 — freedom of expression — whether guarantee infringed by making publisher of a magazine liable for defamatory article about public figure

Delict — actio injuriarum — defamation — defamatory nature — test to be applied — how ordinary readers would view words — fair comment — facts on which comment were based not stated — defence not available — publication — liability for — onus on printer or distributor to establish that took reasonable steps to ensure that defamatory material not included in publication

Damages — amount — actio injuriarum — defamation — public figure — controversial figure viewed differently by different groups within society — how viewed by generality of society