![]() The provisions in the Constitution of Zimbabwe are relevant in relation to the balancing of competing interests. But he who filches my good name robs me of something which not enriches him, and makes me poor indeed”. There is much truth in the Shakespearean saying “Who steals my purse steals trash it is something, nothing. ![]() It should also be borne in mind that harm to reputation is extremely insidious and once reputation has been damaged it is very difficult to repair the damage. But at the same time the law cannot ignore the fact that newspapers and other broadcasting media are extremely powerful agencies which are able to reach enormous numbers of members of the public and that, if they publish defamatory material, the end result can be devastating harm to reputation. This free press should not be stifled by highly restrictive defamation laws. Put in the context of newspaper reporting it is vitally important that there should be a free press that keeps the public informed, especially about public affairs. On the other hand, it also recognises that the public have a right to free speech and to proper access to information. On the one hand, it recognises the right of the individual to be afforded protection against harm to his reputation. The law of defamation seeks to achieve a satisfactory balance two competing interests. Additionally, the chapter in McKerron’s book The Law of Delict 7 Ed dealing with defamation in South Africa is a useful reference as it states the South African law prior to the subjectivisation of animus injuriandi, which subjective approach has not been adopted in Zimbabwean law. As English law has heavily influenced our law in the field, reference should be made to English texts. However, as substantial differences exist between South African and Zimbabwean law arising out of differing approaches to the concept of animus injuriandi, care should be taken in relying upon this South African text. The leading textbook on this subject is Burchell The Law of Defamation in South Africa.
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