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By Our Reporter
The High Court of Tanzania has upheld a defamation claim filed by ACT Wazalendo leader Mr Zitto Kabwe, ruling that statements published against him were defamatory and exceeded the lawful bounds of public commentary.
In a judgment delivered on December 11, 2025, High Court Judge Jai Arnold Kirekiano found that publications made by Mr Harbinder Singh Sethi of Pan Africa Power Solutions Ltd (PAP) against Mr Kabwe were unlawful and injurious to his reputation.
The court held that while public debate and criticism are protected, the impugned statements went beyond fair comment and amounted to defamation.
The case arose from remarks published on April 5, 2025, including on social media platform X (formerly Twitter), in which Mr Sethi accused Mr Kabwe of impropriety in matters related to public finance.
The court ruled that the statements were untrue, damaging, and unjustified, noting that they impugned Mr Kabwe’s integrity without sufficient factual basis or public interest justification.
“I find that the defendant’s publications exceeded the limits allowed by the law. They were defamatory in nature and caused harm to the plaintiff,” Judge Kirekiano ruled.
The court ordered the immediate withdrawal of all defamatory materials published by Mr Sethi and awarded Mr Kabwe a total of TZS15 billion in damages TZS10 billion as general damages and Sh5 billion as exemplary damages.
It further directed that no further defamatory statements be issued in relation to the matter, with costs of the suit awarded to Mr Kabwe.
The dispute stemmed from claims by Mr Sethi alleging that Mr Kabwe had improperly influenced issues surrounding the acquisition and operations of Independent Power Tanzania Limited (IPTL), including alleged misuse of public funds.
Mr Kabwe, represented by advocates Mr Moses Mgonja and Ms Anitha Nyangahondi, dismissed the allegations as false, maintaining that his actions were lawful and undertaken in his capacity as a public leader committed to oversight and accountability.
During the proceedings, Mr Kabwe argued that his previous roles as a Member of Parliament, Chairperson of the Public Accounts Committee (PAC), and Chair of the Public Accounts Committee for Public Corporations (POAC) required him to scrutinise reports by the Controller and Auditor General (CAG), particularly those relating to IPTL and the Tanzania Electric Supply Company (Tanesco).
In its decision, the court emphasised that freedom of expression and the right to access information must be exercised responsibly and balanced against the duty to avoid causing harm through false allegations.
The judgment underscored the need for lawful and truthful public discourse, especially on matters involving public resources.
Reacting to the ruling, Mr Kabwe welcomed the decision, describing it as a significant affirmation of constitutional rights, good governance, accountability, and responsible public debate.
“This judgment strengthens the protection of lawful public discourse while setting clear limits against defamation,” his office said in a statement.
Legal observers say the ruling is likely to have wider implications for public debate, particularly on the use of social media platforms to discuss governance and accountability, reinforcing the principle that criticism must be grounded in truth and public interest.