Court says citizens free to roast inefficient loca...

Court says citizens free to roast inefficient local authorities online

Oscar J Jeke- Reporter

The Mutare High Court has upheld the right of a citizen to publicly criticize a local authority on social media, declaring that public institutions cannot sue for defamation.

The ruling followed a legal challenge by Rusape Town Council against citizen Tongesai Mwashaenyi, whom it accused of defamation after he posted critical messages about the council’s tender processes in various WhatsApp groups.

Represented by the Zimbabwe Lawyers for Human Rights through their member lawyer Leonard Chigadza, Mwashaenyi successfully argued that his expressions were lawful, fair, and part of a citizen’s democratic right to hold public authorities to account.

Justice Siziba, presiding over the case, dismissed the council’s application and ruled that “due to its nature and position, a public institution should be open to criticism in a democratic society and cannot sue for defamation.” The judgment reiterated that freedom of expression, particularly on matters of public interest, is a cornerstone of democratic participation and must be protected.

Mwashaenyi had raised concerns regarding alleged irregularities in Rusape Town Council’s procurement processes. Rather than respond to the criticism or provide clarification, the council initiated legal action, claiming reputational harm.

However, the High Court found that public bodies, unlike private individuals, do not enjoy the same legal protections against criticism when acting in their official capacity. The court stated that the reputation of a public entity must withstand scrutiny and accountability, especially when such criticism serves the public interest.

ZLHR welcomed the ruling as a significant victory for constitutional rights in Zimbabwe.

“This ruling affirms that citizens must be able to express their views, especially when challenging public institutions, without fear of litigation,” said ZLHR in a statement.

The lawyers say the ruling strengthens legal protections for online civic engagement, especially in rural and peri-urban areas where WhatsApp has become a primary medium for public discourse.