Online Reporter
Fidelis Munyoro
Chief Court Writer
Rusape Town Council’s bid to secure a final interdict against Mr Takudzwa Noel Mwashaenyi—over allegations of defamatory social media posts, has been dismissed by the High Court.
Presiding judge Justice Sijabuliso Siziba ruled that the public body lacked legal standing to pursue such a claim, citing public policy and constitutional principles that prioritise freedom of expression over reputational concerns of State organs.
The dispute stemmed from allegations made by Mr Mwashaenyi, a Rusape resident, accusing the council of corruption in awarding a $850 000 development tender to Hurntspine Enterprises (Pvt) Ltd.
The council sought to prohibit further dissemination of the claims, arguing that they were baseless and harmful to its reputation, both nationally and internationally.
Justice Siziba, in delivering the judgment, said the law does not permit public bodies to shield themselves from criticism through defamation claims.
“A local authority like the applicant cannot be allowed to muzzle public criticism under the guise that its reputation is at stake and that its financial prosperity or ability to lure investors is at risk,” the judge said.
The court underscored that such actions would undermine citizens’ constitutionally protected right to freedom of expression.
The council argued that Mr Mwashaenyi’s accusations—shared on WhatsApp and email—were false and damaging.
It highlighted inaccuracies, including claims that the award process lasted a single day and that Hurntspine Enterprises lacked the required credentials.
The court acknowledged that the allegations were largely unfounded, but this did not validate the council’s application.
Justice Siziba further noted that public entities have other remedies for addressing misinformation.
“As a public body, the applicant has the capacity and privilege as well as the financial and human resources at its disposal to publish its own statements correcting any perceived wrong information about its image or operations,” the judge remarked.
Citing precedent from South African and Zimbabwean case law, the court reinforced that State organs, including municipalities, cannot sue for defamation.
Instead, such entities are expected to tolerate public scrutiny and criticism, even when harsh or inaccurate, as a cornerstone of democratic governance.
The application was dismissed and the interim interdict previously granted was discharged.
However, no costs were awarded, as the court recognised that Mr Mwashaenyi’s statements were materially inaccurate and misinformed.
Mr Mwashayenyi was represented by the Zimbabwe Lawyers for Human Rights while Rusape Town Council was represented by Absalom and Shepherd Attorneys.
Online Reporter