Judge Moroka throws out P300K defamation lawsuit
Justice Lot Moroka of the Francistown High Court has dismissed with costs a matter in which six former members of Makuta Village Development Committee (VDC) had slapped a resident, Norman Pitlagano, with a P300 000 defamation suit.
The six men Alakanani Thabiwa, Edzani Mazi, Nlangangwa Mabikwa, Albert Tema, Isani Cori and Kitso Mukani told court that Pitlagano uttered words during a kgotla meeting held 30th October 2020 meant to tarnish their good standing in the community.
They accused him of uttering the words “Money has been misused and misappropriated which was from the Nswazwi Brigade during the years 2011 and 2012 and the people who misused and misappropriated it will go to jail for misusing and misappropriating community funds.”
They told court that the statement was directed towards Makuta VDC which they were members during the mentioned years.
Pitlagano however denied ever uttering such words, or directing such utterances towards the plaintiffs.
In his ruling, Judge Moroka said the six men shouldered the burden to prove their case on a balance of probabilities, and answer the primary question of whether indeed the words uttered were defamatory, and whether the words uttered can be said to lower the esteem in which the person referred to is held amongst people generally.
Moroka who has since been elevated to the Court of Appeal noted that there was no mention of the names of any of the complainants in the case.
He said there was no mention of VDC, let alone Makuta VDC.
“How on earth do words that have been misused and misappropriated from Nswazwi Brigade during 2011 and 2012, and that people who misused it will go to jail refer to any of the plaintiffs?” asked Moroka. The judge said worse still, when each of the plaintiffs took to the witness stand to testify, each gave a different version.
“The action cannot succeed and is hereby dismissed, and costs awarded to the defendant,” ruled Moroka.
Fresh from victory, a beaming Pitlagano told The Voice that he hopes this victory will inspire residents to openly talk about issues affecting their villages and calling for local authorities to account.
“The truth is that over P150 000 cannot be accounted for, and when people call for accountability, they’re being threatened with lawsuits,” said Pitlagano.
