High Court Delivers Stinging Rebuke to Rusape Town Council’s Attempt to Gag Critic

Rusape, Zimbabwe – In a monumental triumph for free speech and public accountability, the High Court has unequivocally dismissed the Rusape Town Council’s audacious attempt to silence local resident Takudzwa Noel Mwashaenyi.

In a scathing judgment, Justice Sijabuliso Siziba not only rejected the council’s bid for a final interdict but also delivered a powerful affirmation of the constitutional right to criticize public bodies.

The case stemmed from Mwashaenyi’s vocal accusations, disseminated via social media and WhatsApp, alleging corruption within the Rusape Town Council concerning a tender awarded to Hurntspine Enterprises (Pvt) Ltd. The council, seemingly more concerned with its tarnished image than transparent governance, sought a court order to muzzle Mwashaenyi. However, Justice Siziba saw straight through this blatant attempt at suppression.

In a ruling that will undoubtedly reverberate through local government corridors, Justice Siziba emphasized that public entities like the Rusape Town Council possess no inherent right to stifle legitimate criticism. “Freedom of expression constitutes one of the essential foundations of a democratic society,” he declared, making it clear that Mwashaenyi’s statements fell squarely within the bounds of fair comment and were therefore protected by the fundamental right to free expression.

The council’s flimsy argument that Mwashaenyi’s claims damaged its reputation and deterred potential investors was exposed as a transparent ruse. The court wisely recognized that allowing public bodies to pursue defamation claims in such instances would severely cripple citizens’ ability to hold them accountable – a cornerstone of any functional democracy.

Justice Siziba dismissed all preliminary objections and, crucially, lifted the interim interdict, reinforcing the principle that the potential for inaccuracies in a citizen’s claims cannot override their fundamental right to speak out. In a further nod to the broader public interest and the significance of this case, the court ordered no costs.

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Mwashaenyi’s formidable representation by Leonard Chigadza from the Zimbabwe Lawyers for Human Rights underscored the critical role legal advocacy plays in safeguarding democratic principles. This landmark ruling stands as a powerful testament to the enduring strength of free speech and the absolute necessity of holding public bodies to account.

In a truly democratic society, freedom of expression is sacrosanct. This judgment sends an unequivocal message: public bodies cannot weaponize the courts to silence dissent or evade scrutiny. The Rusape Town Council’s ill-conceived attempt to gag Mwashaenyi has been resoundingly rejected, and the vital right to free speech has been defiantly upheld.