HARARE
–
The
High
Court
has
dismissed
a
bid
by
the
Rusape
Town
Council
to
silence
a
local
resident,
affirming
the
constitutional
right
to
freedom
of
expression.
Justice
Sijabuliso
Siziba
rejected
the
council’s
application
for
a
final
interdict
against
Takudzwa
Noel
Mwashaenyi,
who
had
publicly
criticised
the
municipality’s
handling
of
tenders
and
financial
affairs.
The
court
found
that
the
council’s
move
to
take
legal
action
against
Mwashaenyi
was
an
attempt
to
suppress
legitimate
public
scrutiny.
Mwashaenyi
had
accused
the
council
on
social
media
and
WhatsApp
platforms
of
corruption
in
the
awarding
of
a
tender
to
Hurntspine
Enterprises
(Pvt)
Ltd.
The
court
ruled
that
his
statements
fell
under
fair
comment
and
were
protected
by
the
right
to
free
expression.
“A
public
body
such
as
the
applicant
has
no
right
to
muzzle
or
suppress
public
criticism
about
its
operations,”
said
Justice
Siziba.
He
emphasised
that
criticism
is
a
cornerstone
of
democracy,
adding,
“Freedom
of
expression
constitutes
one
of
the
essential
foundations
of
a
democratic
society.”
The
Rusape
Town
Council
argued
that
Mwashaenyi’s
claims
damaged
its
reputation
and
made
it
harder
to
attract
investors.
However,
the
court
maintained
that
allowing
public
bodies
to
sue
for
defamation
in
such
cases
would
severely
restrict
citizens’
ability
to
hold
them
accountable.
Justice
Siziba
dismissed
all
preliminary
objections
and
lifted
the
interim
interdict
that
had
been
granted
to
the
council.
While
acknowledging
that
some
of
Mwashaenyi’s
claims
may
have
contained
inaccuracies,
the
judge
held
that
this
did
not
override
his
right
to
speak
out.
“There
will
be
no
order
as
to
costs,”
the
court
ruled,
signalling
its
recognition
of
the
broader
public
interest
at
stake.
Mwashaenyi
was
represented
by
Leonard
Chigadza
from
the
Zimbabwe
Lawyers
for
Human
Rights.