REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 2976/2010 In the matter between: ERKKI NGHIMTINA PLAINTIFF and TRUSTCO GROUP INTERNATIONAL LIMITED FIRST DEFENDANT MAX HAMATA SECOND DEFENDANT FREE PRESS PRINTERS THIRD DEFENDANT Neutral citation: Nghimtina v Trustco Group International Ltd (I 2976/2010) [2014] NAHCMD 11 (23 January 2014) Coram: PARKER AJ Heard: 21 23 October 2013 – Delivered: 23 January 2014 Flynote: Defamation Media Defence of reasonable publication Defendant – – – must show that publication was reasonable and in the public interest in order to establish that publication was not wrongful Court held that French philosopher – Voltaire’s counsel that in the case of news, we should always wait for the sacrament of confirmation finds expression in the Code of Ethics of the Society of Professional Journalists and a factor to be taken into account in determining whether publication is reasonable. Summary: Defamation Defence of reasonable publication Defendant – – – must show that publication was reasonable and in the public interest in order to establish that publication was not wrongful In instant case the weekly newspaper – Informanté published by the first defendant and printed by the third defendant published material that is defamatory of the plaintiff, a Cabinet Minister Defendants – raised the defence of reasonable publication Court found that steps taken by the –
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case no: I 2976/2010 In the matter between: ERKKI NGHIMTINA PLAINTIFF and TRUSTCO GROUP INTERNATIONAL LIMITED FIRST DEFENDANT MAX HAMATA SECOND DEFENDANT FREE PRESS PRINTERS THIRD DEFENDANT Neutral citation: Nghimtina v Trustco Group International Ltd (I 2976/2010) [2014] NAHCMD 11 (23 January 2014) Coram: PARKER AJ Heard: 21 – 23 October 2013 Delivered: 23 January 2014 Flynote: Defamation – Media – Defence of reasonable publication – Defendant must show that publication was reasonable and in the public interest in order to establish that publication was not wrongful – Court held that French philosopher Voltaire’s counsel that in the case of news, we should always wait for the sacrament of confirmation finds expression in the Code of Ethics of the Society of Professional Journalists and a factor to be taken into account in determining whether publication is reasonable. Summary: Defamation – – Defence of reasonable publication – Defendant must show that publication was reasonable and in the public interest in order to establish that publication was not wrongful – In instant case the weekly newspaper Informanté published by the first defendant and printed by the third defendant published material that is defamatory of the plaintiff, a Cabinet Minister – Defendants raised the defence of reasonable publication – Court found that steps taken by the
Nghimtina%20v%20Trustco%20Group%20International%20Ltd%20(I%202976-2010)%20[2014]%20NAHCMD%2011%20(23%20January%202014).docx