S v Wilson & Ors (Criminal Appeal 334 of 2001) [2004] ZWHHC 114 (18 May 2004)

S v Wilson & Ors (Criminal Appeal 334 of 2001) [2004] ZWHHC 114 (18 May 2004)

There was no evidence that the article referred to any named or ascertainable member of the Executive Committee, nor that the general public could identify any such person. The managing director and reporter could not be held liable as they did not control or decide on the publication. The conviction and sentence were set aside for all appellants.

Citation
[2004] ZWHHC 114
Parties
Appellant: Clive Coombe Wilson; Appellant: Andrew Folyon Moyse; Appellant: Chengetai Zvanya; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 May 2004
Case Number
Criminal Appeal 334 of 2001
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Criminal Defamation, Group Defamation, Liability of Corporate Officers, Press Freedom
Source Language
English
Criminal Law Media Law Criminal Defamation Group Defamation Liability of Corporate Officers Press Freedom

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Clive Coombe Wilson

Appellant

Andrew Folyon Moyse

Appellant

Chengetai Zvanya

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants could be convicted of criminal defamation against the Executive Committee of the Constitutional Commission of Inquiry of Zimbabwe
  2. 2 Whether the article referred to any named or ascertainable complainant
  3. 3 Whether the managing director and reporter could be held liable for the publication

Ratio Decidendi

There was no evidence that the article referred to any named or ascertainable member of the Executive Committee, nor that the general public could identify any such person. The managing director and reporter could not be held liable as they did not control or decide on the publication. The conviction and sentence were set aside for all appellants.

Court Disposition

appeal allowed

Orders

  • Conviction and sentence set aside for all appellants.