On 22 December 1999, the editor of “MoAfrika” news magazine, Candi Ramainoane, was found liable for defamation in a ruling made by Lesotho’s High Court. Ramainoane was sued in a civil action brought against him by a current member of parliament, Moeketsi Sello, following an anonymous letter-to-the-editor published in the September 1996 edition of “MoAfrika”. […]
On 22 December 1999, the editor of “MoAfrika” news magazine, Candi Ramainoane, was found liable for defamation in a ruling made by Lesotho’s High Court.
Ramainoane was sued in a civil action brought against him by a current member of parliament, Moeketsi Sello, following an anonymous letter-to-the-editor published in the September 1996 edition of “MoAfrika”.
The letter in question contained statements to the effect that the former treasurer of the Basotholand Congress Party (BCP), Shakhane Mokhehle (currently the Minister of Law, Justice and Constitutional Affairs) had embezzled party funds and used them together with the plaintiff while the two were living in exile in Botswana. The letter also stated that Mokhehle and Sello had bribed Botswana police who had arrested them for illegal diamond dealing in Botswana in 1980. These “facts”, the author of the letter said, were quoted from a book entitled “Lesotho and the Struggle for Azania” written by Bernard Leeman.
Ramainoane’s refusal to disclose the name and particulars of the author of the published letter led to the suit.
The Court concluded that Ramainoane was unable to prove the truth of the statements and to show that what was said in the letter was an expression of opinion and was therefore unable to defend his arguments of justified defamation and fair comment.
Sello was awarded 90 000 Maloti (US$15,000) as compensation for damage to his “dignity and fame”, a further 15 000 Maloti (US$2,500) in punitive damages, and payment of all costs he incurred in pursuit of the case. All costs are to be paid at the interest rate of 18.5% per annum, a quarter of which should be paid on attorney and client scale and the remainder to be paid on a party and party scale.
