Rutabanzibwa wins Sh190 million defamation suit against tabloid

Dar es Salaam. Former permanent secretary in the ministry of lands, Patrick Rutabanzibwa, has won a Sh190 million defamation suit against a weekly tabloid Dira ya Mtanzania over a series of articles he alleged harmed his reputation by portraying him as corrupt, mentally ill and nepotistic.

Mr Rutabanzibwa brought a Sh190 defamation lawsuit in October 2013 against the managing director of Dira Media Group and others publisher over the articles which he contended amounted to assassination of his character. 

Other defendant in the suit were the chief editor and the publisher of Dira ya Mtanzania, a weekly tabloid that has since gone out of circulation, according to a copy of the ruling seen by The Citizen yesterday.

The Kisutu Resident Magistrate’s Court sided with the former PS that the articles that were published between November 2010 and August 2011 were imbalanced, libelous and utterly injured the reputation of the retired senior public servant.

“To my view, the series of articles were done deliberately to harm the plaintiff. At present time of media power, media practitioners should take due diligent before letting their publications to the consumer. Failure to observe professionalism would trigger the public discomfort and unnecessarily expose some people to ridicule,” said resident magistrate Godfrey Mwambapa.

Mr Rutabanzibwa, currently chairman of the board of Pan African Energy Tanzania Ltd, retired from civil service in 2013 after serving at various ministries as permanent secretary for 16 years.

The former PS is held in great esteem both in government system and international circles.

He filed for retirement at the age of 55 but the government retained him until 2013 when he became 58.

The defamatory articles revolves around his decision to revoke certificates of tittle for four plots located at prime Msasani Peninsula area and handed them to Parastatal Pensions Fund (PPF) after an investigation revealed they were dubiously acquired.

One of the articles alleged he favoured people of his tribe and once solicited a Sh500 million bribe so that he stops the intended revocation of the tittle deeds.

Defendants had told the court that the publications were not defamatory but the plaintiff made a wrong interpretation and there were no proof from the third party or any other independent witness to state if they amounted to slander.

“To my mind, being a permanent secretary to the ministry is as good as the engine of the ministry. To give such a position to a person, the president of the country must satisfy himself to the trustworthiness of the person. This plaintiff, served for 16 years. He fits the aspect and must be respectable and reliable,” said the magistrate.

A businessman who testified for the newspaper Anthony Hakalu had told the court that he was the one who acquired the land but faced difficulties to secure certificate of titles from the lands ministry. He claimed he went to Dira ya Mtanzania to report that the former PS wanted form him Sh500 million so that his tittles are not revoked.

“This witness never reported the accusation to PCCB only to say that it was the plaintiff (Rutabanzibwa) who wanted the matter be investigated. PCCB did their job and the plaintiff was not taken to any court of law. To my view the accusations were found as an empty shell,” said the magistrate.