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.
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