The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The High Court sitting in Kampala has today (Aug.31) dismissed a case of defamation filed against The Independent Publications Limited by the former General Manager Corporate Services and Chief Legal Counsel at Telecom giant, MTN Uganda.
Justice Musa Ssekaana ruled that Anthony Mutyaba Katamba had failed to prove that The Independent had defamed him in the article titled, “Black Days at MTN, Story Behind dumping of 5 bosses,” which was published in the issue of February 22nd-28, 2019 on pages 10,11,12 and 13.
“The words and what is stated in the article were true and not malicious or defamatory of the plaintiff… This suit fails and is accordingly dismissed with costs to the defendants. I so Order,” reads Ssekaana’s ruling in part.
Katamba had jointly sued The Independent’s Editor in Chief, The Independent Publications Limited, Haggai Matsiko, (the writer of the article), MTN Uganda Limited, its former CEO Wim Vanhellepute, and General Manager Human Resource, Micheal Sekadde.
Specifically, Katamba contended that the statements contained in the article were utterly false and unfounded and were deliberately published and calculated to lower the plaintiff’s hitherto high esteem in the eyes of right-thinking members of society.
Some of these statements included claims that he had threatened to sue MTN over the advertisement of his (Katamba’s) job without his consent; that he was sacked by Vanhellepute, after he had allegedly threatened to have key officials of MTN including Vanhellepute deported; that he was sacked following a period of tension between Katamba and other employees; that Katamba was implicated in torture; and that Katamba is untrustworthy and unfit to hold top offices in any company.
The Independent’s story was based on documentary evidence including an internal whistle blower’s report, court records, correspondence between Katamba and senior staff at MTN, and a statement filed by Vanhellepute at police.
While Katamba had told court that The Independent had not sought his side of the story, The Independent presented before court evidence that it had reached out to him and the MTN lawyers before publishing the story.
In his 19-page judgment, Justice Ssekaana noted that The Independent’s article as published was based on facts proved to have existed at the time and were indeed true as proved before court.
He noted that it was not clear to court what Katamba’s motive was in trying to twist or deny the story and make it appear grossly false when these facts were within his knowledge as indeed truthful. He defined defamation as “malicious and groundless harm to the reputation or good name of another by the making of false statement to a third party.”
“The law requires the plaintiff in an action for libel to strictly prove publication. The burden of proof is fixed on him at the end of pleadings and he must discharge that burden before it can shift to the defendant,” said Justice Ssekaana. He dismissed the case with costs to the defendants.
