𝗜𝗡𝗡𝗦𝗖𝗢𝗥 𝘃𝘀 𝗥𝗨𝗧𝗘𝗡𝗗𝗢 𝗔𝗣𝗣𝗘𝗔𝗟 𝗧𝗢 𝗕𝗘 𝗛𝗘𝗔𝗥𝗗 𝗜𝗡 𝗦𝗨𝗣𝗥𝗘𝗠𝗘 𝗖𝗢𝗨𝗥𝗧 𝟵𝘁𝗵-𝟭𝟯 𝗦𝗘𝗣𝗧𝗘𝗠𝗕𝗘𝗥 𝟮𝟬𝟮𝟰.

Innscor vs Rutendo contempt appellal will be in the Supreme Court between the 9th and 12th of September 2024

Between September 9th and 13th, 2024, the appeal in the contempt case brought against me by Innscor will be heard by a full bench of the South African Supreme Court, including Justice M Mabesele, Justice B Vally, and Justice L Adams.

The judges will be tasked with addressing the following key issues:

1. 𝗝𝘂𝗿𝗶𝘀𝗱𝗶𝗰𝘁𝗶𝗼𝗻: Should a South African court hear a case involving a Zimbabwean journalist and civil activist who has raised concerns about the criminal activities of a Zimbabwean company, particularly when those concerns involve food sold in Zimbabwe?

2. 𝗔𝗹𝗹𝗲𝗴𝗲𝗱 𝗕𝗿𝗲𝗮𝗰𝗵 𝗼𝗳 𝗖𝗼𝘂𝗿𝘁 𝗢𝗿𝗱𝗲𝗿𝘀: Did my writings about Innscor and its food breach the court order issued against me by Judge Swendu, which instructed me not to make any false or defamatory allegations about Innscor?

The judges will need to examine whether my publications were indeed false, defamatory and maliciously intended to damage Innscor’s reputation, or if they were factual, science-based complaints meant to inform the public about the risks associated with consuming Innscor’s products.

Given that the Zimbabwean government has made or amended laws on two occasions—on March 11, 2024, permitting the import of GMO maize for animal feed only, and on June 16, 2024, amending GMO and gene-editing laws to protect human health and the environment, specifically based on information I have generated—it suggests that my publications serve a significant public interest.

The judges will also consider whether my publications qualify as defenses against defamation, such as: being fair comment based on information already in the public domain, and whether they were made in the public interest.

3. 𝗕𝘂𝗿𝗱𝗲𝗻 𝗼𝗳 𝗣𝗿𝗼𝗼𝗳: If the court finds me in contempt and I still refuse to remove the material I posted about Innscor, I could face a custodial sentence. As a result, the judges must ensure that defamation and contempt are proven beyond a reasonable doubt, not merely on a balance of probabilities. They must also consider both mitigating and aggravating circumstances before making a ruling.

The court must be convinced that I deliberately lied about Innscor with the intent to damage their reputation to find me in breach of the court order by Swendu and, therefore, guilty of contempt.

4. 𝗥𝗶𝗴𝗵𝘁 𝘁𝗼 𝗔𝗽𝗽𝗲𝗮𝗹: The judges will also decide whether any constitutional issues raised in this case can be appealed to the Constitutional Court.

5. 𝗜𝗻𝘁𝗲𝗻𝘁: Finally, the court will determine whether I willfully and intentionally disregarded the court’s instruction not to publish false and defamatory accusations against Innscor.

I believe the case is straightforward because everything I have said about Innscor regarding them selling GMOs containing glyphosate, is based on lab tests and scientific facts that have not been rebutted by Innscor.

Matters such as money laundering and the alleged racism of Zed Koudounaris have been covered in news articles and in a press conference by Temba Mliswa when he was an MP, making my comments on those issues fair comment.

Moreover, the precedent set in IRD Global Limited vs. Global Fund, where Judge Van Nieuwenhuizen AJ (who articulated that Innscor’s second contempt application against me was not urgent on 9 May, 2024) stated that South African courts should not be a court of convenience for foreign legal battles, could have a significant impact on this case.

This precedent suggests that a Zimbabwean company with no operations in South Africa, seeking a gag for a Zimbabwean citizen in South Africa, for raising factual concerns about its food sold in Zimbabwe, may not be appropriate.

I am confident that if the bench is impartial and bases its decision on the law and facts, we should win this case because Innscor has not proven that any of my articles or lab tests are false or defamatory because they are true and they know it. But anything is possible in court.

Written by Rutendo Matinyarare, Chairman of ZASM.