Lubinda fails to gag Daily Nation

The Lusaka High Court has dismissed the injunction granted to Kabwata member of parliament Given Lubinda in which he had sought a court injunction to retrain the Daily Nation from publishing articles about him.
The articles over which Lubinda took the newspaper to court for were ‘Lubinda’s inflated ego’ and ‘Sata has let Lubinda down’, but Justice Sichinga discharged the order of injunction granted on July 15, 2013.
Justice Sichinga stated in his ruling that it was trite that injunctions were a form of equitable relief granted at the court’s discretion.
“I have carefully considered the affidavits on record together with the skeleton arguments and written submissions. From the onset, it is trite that injunctions are a form of equitable relief at the courts discretion. In this matter, I have firstly considered whether the plaintiff herein has substantive cause of action,” Justice Sichinga said in his ruling.
He said while  the plaintiff was a public figure being a member of parliament  and a senior member of the ruling party, it was also true that the defendant, the Daily Nation was a popular daily newspaper.
“The plaintiff here in is a public figure being a member of parliament and a senior member of the ruling party. The defendant on the other hand is a popular daily newspaper and in the event that the defendant was found liable, they would in my view be able to settle the appropriate sum in damages to the plaintiff. For the forestated reasons, I discharge the order of injunction granted on the 15th day of July, 2013,” Justice Sichinga ruled.

One thought on “Lubinda fails to gag Daily Nation

  1. I understand that PF MP Given Lubinda is one of the brilliant lawmakers we have in this country and who clearly knows the importance of freedom of the press; so what made him to take that unwise decision to try and use the law courts to gag the independent Daily Nation?As far as we are concerned the Daily Nation is unbiased and is in the forefront in reporting what’s happening at home and abroad.Given Lubinda,and other politicians,should not expect an independent newspaper to hide what public figures say and do.Only State-owned print and electronic media are coerced(by the ruling party)into toeing the ruling party line,which actually makes their news reports not worth paying attention to.

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