(MISA/IFEX) – On 19 August 2005, the “Times of Swaziland Sunday” was interdicted from publishing a story which was found to be defamatory by the High Court. The newspaper has appealed the ruling. Myzo Magagula, chief executive officer of the state-owned “Swazi Observer” newspaper, had brought the application in her personal capacity. She argued in […]
(MISA/IFEX) – On 19 August 2005, the “Times of Swaziland Sunday” was interdicted from publishing a story which was found to be defamatory by the High Court. The newspaper has appealed the ruling.
Myzo Magagula, chief executive officer of the state-owned “Swazi Observer” newspaper, had brought the application in her personal capacity. She argued in court that the story, which was yet to be published by the “Times of Swaziland Sunday”, was defamatory.
The story in question sought to cite Magagula’s involvement in a business deal that went sour between Tibiyo TakaNgwane (her employer who also happens to run the “Swazi Observer”) and an Egyptian businessman, Ahmed Latif. On 19 August, High Court Judge Stanley Maphalala ruled in Magagula’s favour.
The “Times of Swaziland Sunday” argues in its appeal papers that Justice Maphalala erred in finding that there was no dispute of fact as to whether the paper intended to publish the article. The newspaper further states that “the judge erred in not dismissing the application for a final interdict in that there was a material dispute of fact which was such that the court could not conclude that the probabilities were in favour of the respondent (Magagula)”.
Further, the “Times of Swaziland Sunday” argues that the judge erred in finding that Magagula had established a right to an interdict and that she had a proven reasonable apprehension that the article in question would be published.
The appeal is expected to be heard in November when the next sitting of the Appeals Court takes place.
