Friday, March 29, 2024

Chanda Chimba wins appeal in Sata case

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Stand up for Zambia producer Chanda Chimba (III) captured when collecting footage for his series that has launched scanthing attacks in PF leader Michael Sata

THE Lusaka High Court has granted Lusaka freelance journalist Chanda Chimba III leave to appeal against an order of injunction granted in favour of Patriotic Front (PF) leader Michael Sata restraining him from publishing alleged defamatory articles, including those to do with his health in the Stand Up for Zambia (SUFZ) News.

Lusaka High Court Judge in Charge Jane Kabuka said Mr Sata had succeeded in two of the three main issues raised in the matter and would have his costs of the application taxed in default of agreement.

In the second issue of the publication, where the newspaper was quoting United Party for National Development (UPND) president Hakainde Hichilema and the defence of qualified privilege given by Mr Chimba, Ms Justice Kabuka said in the absence of overwhelming malice, the defence was generally sustainable.

She said: “Libel or no libel? I would say no libel. On the available evidence, I find the defence of qualified privilege in the circumstances of this case is not one I can say might not succeed at trial.”

In this matter, Mr Sata was asking the court to grant him an interlocutory injunction against Mr Chimba for allegedly publishing defamatory articles about him, including his health.

According to Mr Sata, the defamatory articles were under the headlines ‘Sata is a sick man’, ‘Close encounter with the cobra’ and ‘King Cobra spearheads homosexual campaigns’.

Mr Sata claimed he had been seriously injured in his character, credit and reputation and was demanding damages and an injunction restraining Mr Chimba and his servants or agents from distributing, circulating or selling the said tabloid until determination of the matter.

He said Mr Chimba’s publication alleged that his sicknesses had led to fears that he might not lead the country longer due to his serious medical condition.

Ms Justice Kabuka stated that Mr Sata, in his first affidavit, stated that Mr Chimba was widely distributing SUFZ News while in the second, Mr Sata stressed that the defendant had continued publication of the articles defamatory of his character.

She said in the third affidavit, Mr Sata contended that Mr Chimba had with impunity gone to publish a fourth edition of SUFZ News and the two articles that he complained of were under the headlines ‘Sue me to prove your dead denials on homosexuality, Kalusa tells Sata’ and ‘Take revelations by SUFZ seriously – Siulapwa’.

Mr Sata contended that although he had been evacuated to South Africa and treated at Milpark Hospital in Johannesburg, he was discharged after full recovery in the same month and even participated in the presidential elections as a candidate under PF. He had also engaged in vigorous countrywide campaigns as a testimony that he was in good
health.

In her ruling Ms Justice Kabuka said there was nothing in the affidavit evident at this stage to support Mr Chimba’s allegations and the issue of fair comment could not be sustainable.

Ms Justice Kabuka said there were no facts on the material availed by the defendant to court to insinuate imminent or impending death of the plaintiff. She granted the injunction and accorded Mr Chimba leave to appeal against the ruling.

[Times of Zambia]

78 COMMENTS

  1. The title is misleading. Reading the news in depth it is SATA who has worn the case …correct your poor journalism quickly before word goes around lest you are sued again

    • yes my man tell them i equally failed to connect the title and the whole news plz twapapata careful with your reporting.

    • Do you honestly expect any good journalism to come out from daily tabloids these days. The whole system needs to completely be cleaned up.

  2. We glady wait for the program to hit our airwaves. Chanda Chimba was merely disclosing some of the evil deeds of some of the people. Ba Chanda please appeal so that we watch the program before Sept 30. I wish you all the best bakalamba.

    • Ngalande u ar very foolish just like this foolish man. if Chanda was nt married and wanted to proposal love to me i can nt accept such a man. Am sure even the wife at home alimumwenamo. No matter what you say about our President nothing will change our hearts. Believe me Chanda Chimba will comit sucide on the eve of 21st Sept. i do nt thin any normal humanbein who like to watch that useless progrmme. Uli mukopo Ngalande an those supportin thi stupid progrm

  3. Let us wait and see chimbwi start preparing your passport b4 the 20th September,2011 or the cheapest option go in the bush nd join your fellow hynas.

  4. Chanda was just telling the truth about Sata.All the things that was about sata were true and past records are there to prove them. Some were even published in the post news paper.Countrymen sata is not just a presidential material .He need s/one above him to tame him,if not he can take the country 10 yrs backwards or lead the country to war with n/bouring countries.He utters things carelessly

  5. Ladies and gentlemen the long awaited favorite program is hitting the screen again after a commercial break , present viewing( CHANDA CHIMBA III) remember people its the last and final episode. Don’t miss

    • Kamunga Boys, in your dreams. Can you please go through and understand what the judgement is all about please. We know you’re dull but expect you to have even a faint level of reasoning

  6. Ati journalism just writing about the same person, what type of journalism is that?
    True courts controlled by MMD, hope this hyena does not win favour by continue with his shit diarhorea programme.

  7. Chanda Chimba, please appeal very fast so that this Thursday we can start watching SUFZ again. I hope you will show that ka video of Dr Ngoma stealing ka ballot paper

  8. Time is against Chanda Chimbwi. Come September 20 he will go into the bush were he belongs together with his fellow hyenas

  9. Fellow blogers don’t just comment read the ruling, the Headline is not in line with the ruling, Chanda has not won the case here read the ruling properly.. MMD and UPND fools get excited so fast for nothing your journalists are making you feel better hhahahahah learn to read and understand.

  10. this day i have confirmed that most bloggers here are dull and cant comprehend things, hence forthwith i will never ever argue with most of you guys. simple and straight forward. CC3 did not win the case. read people, read. shame

  11. Latest provincial opinion polls by African Political Research: Lusaka Province: HH 10%, SATA 68%, RB 18% and 4% undecided.Central Province: SATA 48%, RB 26%,HH 24%. Eastern Province: RB 58%, SATA 28%, HH 12%. Southern Province: HH 60%, RB 20%, SATA 15%. Copperbelt Province: SATA 69%, RB 18%, HH 13%. Luapula Province: SATA 51%, RB 30% HH 15%. North Western Province: HH 39%, RB 36%, SATA 24%. Western Province: RB 28%, HH 30%, SATA 42%. Northern Province: SATA 60%, RB 30%, HH 10%. 1% error margin RT:..Source: UNZA OPEN

  12. Chanda Chimba has lost this court case. Pliz Zedians lets learn to read. And LT your headline is very misleading. Just read the last line.

  13. # 22 GOOD OPINION POLL…TRUE REFLECTION OF WHAT IS ON THE GROUND PF IS HEADED FOR VICTORY NO MATTER WHAT…..1 THING JOKES ASIDE CHI SATA CHAUME, LOOK AT HOW PF HAS GROWN FROM NOTHING….GIVE CREDIT WERE ITS DUE…

  14. CC3 should hit the senile cobra hard, in the last coming 3 weeks.He must expose this ruthless womaniser for what he really is, not forgetting the hypocrite gay namakando mmembe.Cant wait for the next show.

  15. RB KILLINGS IN WESTERN PROVINCE- LET LINYUNGANDAMBO ORGANISE MORE PEOPLE TO BOOO THIS KILLER AS WE WELLCOME MWAMUKOLO FOR CHANGE. RB=GADAFI=IDIAMIN=MUBARAKI=MUGABE=MABUTU

  16. The name of that programme should be changed to STAND UP FOR MMD. Its a pity we have people like Chanda Chimba whatever he is. I wonder if this CC whatever has ever covered any story about anyone in the ruling MMD? Does that mean people in MMD are saints? It seems like that Stand Up thing was made for Sata and the Post. Very soon we will be hearing some things about people who are being praised today. Everything has got its own time. Live wisely.

  17. U bloggers before writing a comment please read the whole story clearly…Your so called CC3 lost the case mwefipubamwe.

  18. The author of this article has either not been to school or did very badly in mathematics. The title says Chimba wins appeal against Sata. Now the content says Sata won Two or the Three many issues. Who has won? Its Sata… Lusaka Times please start being objective and factual, do not write what you want to see or hear…

  19. A well placed source has revealed that Zim/dictator mugabe cops are in Zambia to help mmd rig this year’s elections !

    RB is now running Zambia like his own farm ………

  20. chanda chimba you are not a journalist you are a cadre there is more important issues to discuss rather than everyday micheal sata.be objective of what you do.twanaka nelyashilimoline.

  21. #22, Your infor seems to be genuine, but can share with us where you got this data please? Who conducted this opinion poll and where are the results.

  22. Mr Sata’s suit was on specific articles of SUFZ that he claims were defamatory, e.g. his health and impending death. Surely the judiciary could have dealt with those specific issues if they thought that there was merit in the complaint. The rest of the publication quotes articles from the Post archives which Mr Sata has not disputed. Does Mr Sata’s complaint call for a blanket ban on the whole publication? I would argue that the Post would be a more suitable candidate for banning, looking at the various court orders that they have disrespected e.g. RB vs Post – 2008. There are many of us who are only interested in the Post archives on Mr Sata, his health or death is up to his creator. The judiciary should carefully balance Mr Sata’s interests and the public interest, our interest.

  23. #22 POWER TO THE PEOPLE – Who is the person behind that poll? These polls have become political whereby, like newspapers, the result often depends on the party supported by the person conducting the research for the poll. So I would take this with a pinch of umuchele. I’m sure the poll is meant to uplift the low spirits of PF supporters. But rigging polls is unhealthy because it hightens expectations. Without any hatred at all in my heart for PF and Sata, I still can’t see Sata beating RB. He failed in 2008 when the odds were much better for him!!! Read the article by Kapumpe. Well, there is no point in us arguing here: 20 Sept is coming when the TRUE POLL will be here.

  24. Chanda Chimba you are useless. Time is also up, uzachucha pamodzi na MMD yako na RB. Ulebe future ka chanda chimbala. You are a finished dull chap who can not think of the future. ******* pako!

  25. WHY CANT CHANDA CHIMBALA PUBLISH EVIL SIDE OF MMD MEMBERS? CHANDA CHIMBALA & MMD KUYA BEBELEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE

  26. Chanda chimba the great ha just entered into an agrement withwith DSTV for stand up for zambia tobe aired on their channels

  27. I am already preparing a shambok to deal with Chimba soon after RB concedes defeat. I hope chimba has a better banker than Gaddafi’s sons. Please don’t cry for him for he will simply fulfill his ego. “Pwele ati ndeshipwa intombolyo, shabwela shamupwa”

    Ukulinganya Amapuli kulaponswesha. Ba chimba niba kolwe benda naba ponona tabalabengwa.

    Soon and not long he will know that grass is not something you play with with your somido hanging open ended.

  28. This ka chap KA Chanda Chimba is very ugly. Thats the reason why he always thinks of Evil thinks. I hav seen his picture today! Kazalila ka puba aka. VIVA BA SATA NA PF!

  29. This headline is very misleading.anyway just look at the source of the story,us usual Times of MMD or sorry Zambia.And what annoys me most is that Ba LT have also gone to the dogs with such low caliber of news.Iwe ka chikala ka ccc3,watch out .Your days of reckoning are coming.

  30. @46 Sata is even more uglier and evil!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Are you mad to talk of someone being ugly and yet forgetting your idol, Sata? As a matter of fact, if the Presidential Race was a beauty contest, your Sata is a definite loser, bottom of the pack!!!!!!!!!!! 

  31. i cant wait to watch chanda chimba III,he is a real man man…mmembe tot he was a small god..but hats off to fearless guys like chanda chimba….by the way even m’membe has been writing bad things about RB why not close that paper also..

    HH chabe .viva real change campaign..viva HH 2011

    • Ba UPND mulesapota Chanda Chimbwi for sure. Napapa, no wonder tamwakawine. Vote for FP mwamukolo chabe. Wina azalila and iwe ka CC the dog find where to run to after the elections.

  32. BA LT, YOU CAN NOT DUPE US WITH YOUR MISLEADING HEAD LINES……CHANDA CHIMBWI HASN’T WON AN APPEAL PER SE, BUT HE HAS BEEN GRANTED LEAVE TO APPEAL, PERIOD!!………… HE STILL HAS TO FACE THE COURTS TO JUSTIFY HIS NONSENSE ON TV…….BY THE TIME HIS APPEAL IS HEAD, PF WILL BE IN CONTROL……..THIS THEREFORE MEANS THAT HIS IS AN ACADEMIC EXERCISE IN FUTILITY………..SO, ITS BYE, BYE POLIO!!!!!!!

  33. you dull and blind pf supporters,leave chanda alone..after all he is just reminding us what the post used to write about your sata those days

    zambians are permanently retiring sata on 20th sept..its confirmed..sata is a danger to society any reasonable person cannot vote for a man with a very dented history..even the post have terribly failed to build his image

    viva 20HHHHHHHHHHHHHHHHHHHHHH,real change we need

  34. Fair & Balanced Poll, based on what is gathered from the ground in Zambia.
    Copperbelt: Sata 45% RB 35% HH 10% Others 10%
    Lusaka: Sata 40% RB 30% HH 25%
    Northern: Sata 50% RB 35% HH 5%
    Luapula: Sata 45% RB 45% HH 5%
    Central: Sata 25% RB 35% HH 35%
    NW Sata 15% RB 35% HH 45%
    Western: Sata 10% RB 30% HH 40% MPI 15%
    Southern Sata 5% RB 20% HH 70%
    Eastern Sata 15% RB 70% HH 5 %
    Totals Sata 30% RB 37% HH 25%

    • In your dreams. What do you like to show such levels of ignorance. We have less than 3 weeks to the polls and expect you to hold your fire. Not sure where the desparation is coming from

  35. No. 18
    ULI MUKALI… FYEBEKO MWANDI PANTU TAFYAISHIBA UKUBELENGA. CHIMBWI HAS ACTUALY LOST THE CASE. BA LT KANSHI MULIFIKOPO NAIMWE BENE…

  36. Imwe babuli imwe….He has been allowed to appeal and once he has lodged the appeal he can publish whatever he wants. On appeal to supreme court automatically the injuction is lifted and Chanda Chimbwi will be back at his work….by the time the appeal is heard EREctions will be over! have a blessed day

  37. Chanda Chimba provided Zambians the depth of Sata’s deception. As usual Sata usually rushes to Courts just to plug up the truth. Sata and the Post have relished instituting Injunctions to block the flow of the truth. We pray that Chanda Chimba should apeal so that Zambians can enjoy to hear the truth. Apparently, Sata who considers himself holy openly referred to Chanda Chimba as “Chanda Chimbwi”. A display of worst Presidential material! Congrats Chanda Chimba

  38. @ Tracy #54, I am both Sad and Mad. I am sad that HH may not win because Bembas refuse to Vote for this Brilliant Tonga Man. I am Mad that SATA is still trying to deceive the electorate with his lies and shenanigans. I believe MMD will easily get 35% from CB due to the rural vote. That Stadium in Ndola will also gunner some votes in RB’s favor. But that notwithstanding, why don’t you give me a number you think MMD will get on the CB. I will crunch it for you in my computer model I have designed and give you fresh results. As you can see in this Poll, Banda doesn’t even have to win more than one province to win this election. He just needs to come second in all the other provinces and that is exactly what will happen. Mark it!!!

  39. LATEST ON RADIO ICHENGELO- FR FRANK BWALYA ON INDEFINATE SUSPENSION FROM PRIESTLY MINISTRY, BANNED FROM CELEBRATING MASS AND HE HAS BEEN TOLD NOT TO VISIT OR SLEEP IN CHURCH HOUSES, IN SHORT PENDING EXPULSION. TUNE IN TO RADIO AT 0815hrs.

  40. In zambia today if there is a man with bad moral and without sense huma,, that man is Chimba. Chimba Lesa alamona, your program is the worst program ZNBC. And zambians out there don’t support if you have no experience with Chimbas program

  41. CHIMBWI, I HEAD YOU ARE JUST ROAMING THE KAFUE NATIONAL PARK CRUSHIG BONES LEFT BY HUNTERS. YA MUNYOKOLA NJALA MAMBALA

  42. No. 52 – In your dreams. What do you like to show such levels of ignorance. We have less than 3 weeks to the polls and expect you to hold your fire. Not sure where the desparation is coming from

  43. its really hard in Zambia for one to put food on the table,Chanda Chiimbwa had to comprise himself to be used as an a.s.s to vent venom at Sata.Anyhow if there is any silver lining to this episode is testimony that bembas are not tribalists and will not support somebody just because they hail from the same unlike RB who thinks Mangani and anybody from the east owes him support

  44. Number 59, I agree with you.RB only needs a slight improvement on his performance in 2008 in Lusaka and C/B, infact number 2 all the eight provinces and number one in eastern province and he goes through. And that is what is going to happen.

  45. WHO TAUGHT YOU MATHS, YOU GUYS DOING OPINION POLLS? YOU DONT JUST FIND THE AVERAGE PERCENTAGE AND PRESUME SOMEONE WITH THE HIGHEST WINS.A 100% N/WEST=8%C/B….LOL!

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