With 30+ years of experience, I’ve seen how quickly a reputation built over decades can be damaged by unproven allegations. The Ndola High Court’s recent decision in the former ACC Director-General’s defamation case offers crucial lessons for professionals, journalists, and every citizen who shares information online.
Table of Contents
- Introduction: The Case
- The Court’s Findings
- Opinion vs. Defamation: The Key Distinction
- The “Fair Comment” Defense Explained
- The Duty to Verify
- The Cost of Defamation
- What This Means for Professionals
- Conclusion: Words Are Free, But They Can Become Expensive
- Frequently Asked Questions (FAQs)
1. Introduction: The Case
The Ndola High Court has ruled that former Anti-Corruption Commission (ACC) Director-General, Thom Shamakamba, was defamed by lawyer O’Brien Kaaba and the Daily Revelation newspaper .
The court found that the defendants published serious allegations against Shamakamba without proving they were true or establishing that they amounted to fair comment on a matter of public interest .
The judgment brings to an end a lawsuit filed by Shamakamba in July 2024 after an article accused him of corruption, favouritism and incompetence during his tenure as ACC Director-General .
2. The Court’s Findings
The judge stressed that “while public officials are expected to tolerate criticism, publishers have a duty to verify serious allegations before publishing them, particularly in an era when information can spread rapidly through digital platforms” .
He held that “without such verification, the defence of fair comment could not shield defamatory publications” .
3. Opinion vs. Defamation: The Key Distinction
| Opinion (Protected) | Defamation (Actionable) |
|---|---|
| “I think this official is doing a poor job.” | “This official is taking kickbacks, protecting corrupt people and stealing from the public.” |
| “In my view, the decision was wrong.” | “The decision was made because of a bribe.” |
| “The official appears to be incompetent.” | “The official is corrupt and has been stealing from the public.” |
The court explained it like this:
If you say, “I think this official is doing a poor job,” that is your opinion. Others are free to agree or disagree.
But if you say, “This official is taking kickbacks, protecting corrupt people and stealing from the public,” you are no longer sharing an opinion. You are making statements of fact. And if you cannot back them up with evidence, the law may hold you responsible.
4. The “Fair Comment” Defense Explained
The “fair comment” defense protects opinions on matters of public interest. However, as this case demonstrates, it has limits.
Requirements for a Successful “Fair Comment” Defense:
| Requirement | Description |
|---|---|
| Matter of public interest | The comment must relate to a matter of public interest |
| Based on true facts | The comment must be based on facts that are true or privileged |
| Recognizable as comment | The statement must be recognizable as comment, not fact |
| Honest opinion | The comment must be an honest expression of opinion |
Why the defense failed in this case:
- The allegations were presented as statements of fact, not opinion
- No evidence was produced to substantiate the claims
- The defendants failed to call any witnesses to support their defence
- No verification was conducted before publication
5. The Duty to Verify
The judge stressed that publishers have a duty to verify serious allegations before publishing them .
What This Means:
- Serious allegations require evidence
- Verification must occur before publication
- Social media does not exempt you from this duty
- The “I was just sharing” defense is not sufficient
The Duty to Verify Applies To:
- Newspaper publishers
- Social media users
- WhatsApp group members
- Bloggers
- Anyone sharing information
6. The Cost of Defamation
The Human Cost:
Shamakamba told the court that the publication destroyed a reputation he had built over 27 years as a lawyer and public servant . The article portrayed him as a member of a corrupt syndicate who had failed in his duty to combat corruption .
The Global Impact:
The publication quickly spread beyond Zambia through social media, prompting calls from colleagues and government officials in multiple countries including Namibia, Ireland, Burkina Faso, Malawi, South Africa, Ghana, Côte d’Ivoire and the United Kingdom .
The Financial Cost:
Although Shamakamba sought US$500 million in damages, the court ordered that the amount payable be assessed by the Registrar .
The Broader Impact:
Shamakamba argued that the publication not only damaged his professional reputation but also caused him embarrassment before his family, colleagues and members of the public .
7. What This Means for Professionals
For Journalists and Media Houses:
- Verify serious allegations before publication
- Distinguish clearly between fact and opinion
- Call witnesses to support your defence
- Understand that the “fair comment” defense has limits
For Social Media Users:
- Don’t share unverified accusations
- Distinguish between opinion and fact
- Understand that you can be held liable for defamation
- Before hitting “send,” ask: “Do I know this is true, or am I just helping a rumor grow legs?”
For Public Officials:
- You must tolerate criticism
- You can take action against defamation
- Your reputation is your most valuable asset
For Legal Professionals:
- Defamation cases require careful handling
- The “fair comment” defense requires evidence
- The duty to verify applies to all publishers
8. Conclusion: Words Are Free, But They Can Become Expensive
The Ndola High Court’s decision in the former ACC Director-General’s defamation case offers crucial lessons for all of us.
Key Takeaways:
- Serious allegations require evidence – The court found that the defendants published serious allegations without proving they were true
- The “fair comment” defense has limits – It cannot shield defamatory publications without verification
- The duty to verify applies to everyone – Publishers have a duty to verify serious allegations before publication
- Reputation is valuable – A 27-year career can be damaged by unproven allegations
- Words are free, but they can become expensive – Defamation has serious consequences
The moral of the story:
The law protects your right to have an opinion. But when you present serious accusations as facts, you should be ready to prove them. After all, words are free to speak, but they can become very expensive if spoken carelessly.
9. Frequently Asked Questions (FAQs)
Q1: What was the case about?
Former ACC Director-General Thom Shamakamba sued lawyer O’Brien Kaaba and the Daily Revelation newspaper for defamation after an article accused him of corruption, favouritism and incompetence .
Q2: What did the court decide?
The Ndola High Court ruled that Shamakamba was defamed, entering judgment in his favor and ordering that damages be assessed by the Registrar .
Q3: Why did the “fair comment” defense fail?
The defendants failed to clearly distinguish between fact and opinion, did not call any witnesses to support their defence, and did not verify the allegations before publication .
Q4: What is the difference between opinion and defamation?
Opinion is protected speech when it is recognizable as opinion. Defamation occurs when serious accusations are presented as facts without evidence.
Q5: What does this mean for social media users?
You can be held liable for defamation if you share serious allegations without verification. Before sharing, ask yourself: “Do I know this is true?”
Q6: Who appealed the decision?
Dr. Kaaba said he would appeal the decision, arguing that it was inconsistent with established Supreme Court precedent on defamation .
What was the central finding of the Ndola High Court in the Shamakamba case? Ans: The court ruled that allegations of corruption and incompetence were presented as facts, not opinions, and the defendants failed to provide evidence to substantiate them.
What is the primary limitation of the “Fair Comment” defense? Ans: It fails if the comment is based on false facts, is not presented as an opinion, or if the author cannot substantiate the claims made.
Does the internet exempt a publisher from the duty to verify? Ans: No. The court explicitly held that the duty to verify allegations exists regardless of how rapidly information spreads via digital platforms.
FREQUENTLY ASKED QUESTIONS (FAQ)
Q: Can I share a rumor if I clearly label it as an opinion?
Ans: Labeling an accusation as an “opinion” does not protect you. If a reasonable person would interpret your statement as a serious, evidence-based claim of wrongdoing, the court will treat it as a statement of fact.
Q: What is the risk for WhatsApp group members who share defamatory content?
Ans: Sharing defamatory content—even if you did not write it—can make you a “publisher” of that content. You may be held legally liable for the damage caused by the distribution of the rumor.
Q: Is it enough to say “this is what people are saying”?
Ans: No. Repeating a defamatory allegation is just as actionable as making the allegation yourself. The duty to verify applies to everyone.
Adv. Shoeb Hakim
Constitutional & Criminal Law Advisor
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Disclaimer: This article is for informational purposes only and does not constitute legal advice.
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