Zimbabwe Newspapers (1980) Ltd and Anor v Bloch 1997 (1) ZLR 473 (S)

Supreme court of Harare

Mr Biti was advising advocate De Bourbon for the respondent. In October 1993, the respondent, a well-respected economist, addressed a conference dealing with regional wealth and development. In answer to a question abut the water problems in Bulawayo, he said that nothing would be done “until 3 million Shona’s or, the President, are relocated to Bulawayo”. The reaction of the appellants was to publish, mostly in the Sunday Mail, a series of articles condemning the respondent. The articles published over a 4 week period, accused the respondent among other things of being a “latent racist”, if not worse. of attempting to whip up tribal emotions, of being insane, of playing a dangerous game and of being a hypocrite. The respondent sued the the appellants for defamation in respect of each of the articles. The trial was held on 16 February 1996. The judge found for the respondent and awarded globular damages of $45 000 against he first appellant, the publisher and $40 000 against the second appellant the editor. The appellants appealed on three grounds, the first was that the judge should have found the statements fair comment.The second attacked the quantum of damages; and the third ground was that the judge erred in ordering interest to run from the date of publication. the judge held in favour of the respondent.