Facebook user Kampanikiza sued for defamation over Kotana murder post
Lawyer Kwima Mchizi representing late Kottana Chidyaonga’s boyfriend Timothy Mtilosanje has filed defamation lawsuit against Facebook user Gerald Chavez Kampanikiza aka GCK Cameras.
Mtilosanje and three others — Ekaree Daniella Chaweza, Gilbert Ufulu Kalamiza, and Diana Bhagwanji— were acquitted by the High Court on a murder charge of their friend Chidyaonga.
Chidyaonga, 23, died on January 3 2020 and according to police statements, the four said she died from a snake bite.
On January 22, 2020 GCK posted on Facebook: “They managed to get a snake and it turned out that the snake was a non-poisonous one; already the snake issue is ruled out. How did they come up with snake plan and how long?”
But lawyer Mchizi representing Mtilosanje, a digital marketer and a brand name under Timmy said the words implied his client had a hand in the death of his girlfriend and fabricated a story about a cover up, saying the narrative was viciously false.
In a letter the lawyer writes Kampanikiza, a politician for People’s Party (PP): “Any reasonable person would construe the words to mean that our client is a liar, murder and dishonest,” adding “as a result of your words our client has been lowered in the estimation of right thinking members of society generally and he has exposed to ridicule contempt and hatred.”
Kampanikiza has been asked to “delete the said post with immediate effect” and tasked to publish using the same a retraction and apology for the damage caused.
Reads the letter: “You have 24 hours to do this. That you further more pay K50 million being damages as well as costs for the injuries caused on our client’s reputation.”
Mchizi said they will commence legal proceedings if the demands are not met according Mtilosanje’s instructions. The summon which is dated 29th October gives Kampanikiza seven days to respond.
Judge Thomson Ligowe said the evidence before the High Court did not prove any snake bite nor that the deceased was given any wrong drug, but rather that there was presence of a pesticide, Termik, in her body.
He observed that the State lacked evidence on who might have given the deceased the poison.
Ministry of Justice and Constitutional Affairs spokesperson Pirirani Masanjala has said the State will appeal the acquittal.
Defamation involves writing or saying something about someone that damages that person’s reputation.
Legal experts say posting something negative or mean-spirited is not in itself illegal or subject to a lawsuit. However, the question of whether you can be sued for negative post on social media depends on whether your words constitute defamation.
KEY TAKEAWAYS
- A published falsehood that damages a person’s character can be libel.
- A published opinion is not libel.
- If the target is a public figure, the post must be proven to be both false and malicious, or deliberate.
As much as the lawsuit is valid, it is unreasonable. I mean nkhani inatha kalekale and the person was acquited. Doesn’t make sense to bring it up again instead of just letting the dead rest in peace. Komaso the posts by the sued party were all from valid sources and were all used in court and how he said them was a matter of opinion.
Don’t make money out of the dead.
Kampanikiza amazolowera. He writes so many stories based on unsubstantiated rumors … I hope this teaches him a lesson. But to ask 50 million kwacha from such a pauper is unreasonable. Teach him a lesson but don’t be driven by vengeance.
Washo
Its a reminder that social media should be used responsibly. We shouldn’t be overzealous especially on issues we have little or no information at all
A normal person can’t just wake up and make up stories about another and when asked to retract the story after a court has found the premise of the story false start abusing the person asking for the retraction.
I hope Timothy pursues this matter to the end and that full damages are awarded.
Amchita bwino, he is one of those tarnishing the image of the journalism profession. By the way he is not a journalist
the fact that court knows that the deceased died do to presence of poisonous substance called tamek in her blood stream and opted to free those suspects is very disheartening and saddening. they can manage to trick the court but not everyone. failure by police to pin point whom among them poisoned the deceased doesn’t mean they are on clean slate. these people are murders and they all deserve to be jailed. if police ca not pin point one, it mean all took part in the act. please state must appeal this case ASAP so that these vagabonds are sent… Read more »
You in life you can afford the most expensive lawyers and get acquitted by you can not escape the wrath of God. You can not stop the blood of a murdered person from crying out to you. So Mr and company if you really killed that lady just know that there is no escaping, human life does not just easily go like that.
This guy is nuts and does Nyau Journalism. Tiyeni naye. Mbuzi imeneyo