Shipwikineni cleared, Mubita to bear costs
Victory for controversial Swapo dissident
The court urged political leaders to develop a 'thick skin' and absorb criticism directed at them by their parties' rank and file
The Windhoek High Court has ruled in favor of Swapo member Reinhold ‘Iita Nayitsikile’ Shipwikineni, dismissing a defamation lawsuit filed against him by party politburo member Dr. Charles Mubita, who was ordered to bear the legal costs of his suit.
The case stemmed from allegations made in a WhatsApp audio recording in which Shipwikineni claimed Mubita was being "used like toilet paper" by his Swapo comrades. Shipwikineni does not deny making the comment, but denied it was defamatory.
Mubita, who sought N$370,000 in damages from Shipwikineni, alleged that the statements were false, defamatory, and intended to cause maximum reputational harm for political gain. However, Judge Eileen Rakow granted Shipwikineni's application for absolution from the case, ruling that Mubita had failed to prove defamation. The court also ordered Mubita to cover Shipwikineni’s legal costs, which Namibian Sun understands to be around N$50,000.
Shipwikineni, represented by lawyer Norman Tjombe, argued that Mubita, as a senior Swapo official, was not immune to political scrutiny. If Mubita doesn’t want to be critiqued, he should vacate the political scene, he said.
The defense cited legal precedents emphasizing that public figures must withstand heightened scrutiny, especially in politically charged environments.
Mubita, a former rector of the Swapo Party School, contended that Shipwikineni’s remarks were personal attacks rather than legitimate political critique. He insisted that the statements violated his dignity, as protected under Article 8(1) of the Namibian Constitution, and demanded a declaratory order confirming their falsity, a public retraction, and an apology.
Shipwikineni, however, remained unapologetic, asserting that his comments were an expression of genuine concern over Swapo’s internal governance. "I deny that the statements are defamatory or false. The contents of the WhatsApp audio are true or substantially true and were shared in the public interest," he said.
Defending his choice of words, Shipwikineni argued that he never called Mubita "toilet paper" but rather said he was "being used like toilet paper," a metaphor he insisted falls within permissible political speech.
"It is a figure of speech. Any person – even the uneducated – will understand the manner in which it was used," he stated. He emphasised that his comments were made in his capacity as a Swapo member exercising his right to hold party leaders accountable.
"Swapo leadership must be tough. They must listen to us, ordinary members, even if we use strong language to critique them," he added.
In her ruling, Judge Rakow underscored the need for public figures to develop a "thicker skin" in political discourse. While acknowledging the remarks were harsh, she ruled they were made within an internal party debate, a setting where robust discussion is expected.
Mubita’s legal team expressed disappointment, warning that the decision sets a concerning precedent for political discourse. Shipwikineni, however, hailed the ruling as an affirmation of free speech within Swapo. - [email protected]
The case stemmed from allegations made in a WhatsApp audio recording in which Shipwikineni claimed Mubita was being "used like toilet paper" by his Swapo comrades. Shipwikineni does not deny making the comment, but denied it was defamatory.
Mubita, who sought N$370,000 in damages from Shipwikineni, alleged that the statements were false, defamatory, and intended to cause maximum reputational harm for political gain. However, Judge Eileen Rakow granted Shipwikineni's application for absolution from the case, ruling that Mubita had failed to prove defamation. The court also ordered Mubita to cover Shipwikineni’s legal costs, which Namibian Sun understands to be around N$50,000.
Shipwikineni, represented by lawyer Norman Tjombe, argued that Mubita, as a senior Swapo official, was not immune to political scrutiny. If Mubita doesn’t want to be critiqued, he should vacate the political scene, he said.
The defense cited legal precedents emphasizing that public figures must withstand heightened scrutiny, especially in politically charged environments.
Mubita, a former rector of the Swapo Party School, contended that Shipwikineni’s remarks were personal attacks rather than legitimate political critique. He insisted that the statements violated his dignity, as protected under Article 8(1) of the Namibian Constitution, and demanded a declaratory order confirming their falsity, a public retraction, and an apology.
Shipwikineni, however, remained unapologetic, asserting that his comments were an expression of genuine concern over Swapo’s internal governance. "I deny that the statements are defamatory or false. The contents of the WhatsApp audio are true or substantially true and were shared in the public interest," he said.
Defending his choice of words, Shipwikineni argued that he never called Mubita "toilet paper" but rather said he was "being used like toilet paper," a metaphor he insisted falls within permissible political speech.
"It is a figure of speech. Any person – even the uneducated – will understand the manner in which it was used," he stated. He emphasised that his comments were made in his capacity as a Swapo member exercising his right to hold party leaders accountable.
"Swapo leadership must be tough. They must listen to us, ordinary members, even if we use strong language to critique them," he added.
In her ruling, Judge Rakow underscored the need for public figures to develop a "thicker skin" in political discourse. While acknowledging the remarks were harsh, she ruled they were made within an internal party debate, a setting where robust discussion is expected.
Mubita’s legal team expressed disappointment, warning that the decision sets a concerning precedent for political discourse. Shipwikineni, however, hailed the ruling as an affirmation of free speech within Swapo. - [email protected]
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