Shipwikineni: I never called Mubita toilet paper
Controversial Swapo member Reinhold ‘Iita Nayitsikile’ Shipwikineni says he did not call party politburo member Dr Charles Mubita ‘toilet paper’, but rather accused him of being used like it, a remark he insists falls within permissible political figures of speech.
Shipwikineni is asking the Windhoek High Court to dismiss Mubita’s lawsuit against him, emanating from the said remarks. The comments were made on a Swapo WhatsApp group, prompting Mubita to initiate a legal suit to the tune of N$370 000 in damages.
The lawsuit revolves around allegations made by Shipwikineni in a widely circulated WhatsApp audio recording. Mubita claimed these statements are entirely false and defamatory, accusing Shipwikineni of attempting to inflict maximum reputational damage for political gain.
Mubita is not only demanding monetary compensation, but also a declaratory order confirming the falsity of the allegations. Additionally, he seeks a comprehensive retraction of the statements and a public apology from Shipwikineni.
In his witness statement, Shipwikineni remained unapologetic about the content of the audio clip, which he shared in a Swapo-affiliated WhatsApp group. The recording included saying Mubita was being "used like toilet paper" by others within the party.
"I deny that the statements contained in the WhatsApp audio [clip] are defamatory or false, or that I maliciously published or circulated the audio. I say that the contents of the WhatsApp audio [clip] are true or substantially true and that the publication thereof was in the public interest and for the public benefit."
Figure of speech
Shipwikineni argued that his comments were intended to highlight what he perceived as a serious breach of the Swapo Party's constitutional obligations, particularly regarding the timing of an extraordinary congress to elect a new president following the death of Hage Geingob.
"I never said that the plaintiff is toilet paper. I referred to him being 'used like toilet paper' by other people. It is a figure of speech. Any person – even the uneducated – will understand the manner of using the figure of speech that I used," he said.
He maintained that his comments were not only within his rights as a Swapo Party member, but also aligned with the principles of democracy and open debate that the party should uphold. "My comments about Mubita were also made in my capacity as a member of the Swapo Party, and in exercising my right to demand the fulfilment of the provisions of the constitution of the party.”
Shipwikineni added: "Leadership of the Swapo Party must be tough. They must listen to us ordinary members, even if we use tough language to critique them or their views and opinions”.
‘Genuine concern’
He reiterated that his intentions were not to defame Mubita, but to express genuine concern for the direction in which the party is headed.
"The purpose of the audio recording was for information-sharing and debating with other members of the WhatsApp group, who are all Swapo Party members, on the quality or otherwise of the leadership of [Mubita]," Shipwikineni said.
"There is nothing defamatory in saying that Mubita is an untrustworthy person in the context of a political debate. I therefore pray that [his] claim be dismissed, with costs," he added.
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Shipwikineni is asking the Windhoek High Court to dismiss Mubita’s lawsuit against him, emanating from the said remarks. The comments were made on a Swapo WhatsApp group, prompting Mubita to initiate a legal suit to the tune of N$370 000 in damages.
The lawsuit revolves around allegations made by Shipwikineni in a widely circulated WhatsApp audio recording. Mubita claimed these statements are entirely false and defamatory, accusing Shipwikineni of attempting to inflict maximum reputational damage for political gain.
Mubita is not only demanding monetary compensation, but also a declaratory order confirming the falsity of the allegations. Additionally, he seeks a comprehensive retraction of the statements and a public apology from Shipwikineni.
In his witness statement, Shipwikineni remained unapologetic about the content of the audio clip, which he shared in a Swapo-affiliated WhatsApp group. The recording included saying Mubita was being "used like toilet paper" by others within the party.
"I deny that the statements contained in the WhatsApp audio [clip] are defamatory or false, or that I maliciously published or circulated the audio. I say that the contents of the WhatsApp audio [clip] are true or substantially true and that the publication thereof was in the public interest and for the public benefit."
Figure of speech
Shipwikineni argued that his comments were intended to highlight what he perceived as a serious breach of the Swapo Party's constitutional obligations, particularly regarding the timing of an extraordinary congress to elect a new president following the death of Hage Geingob.
"I never said that the plaintiff is toilet paper. I referred to him being 'used like toilet paper' by other people. It is a figure of speech. Any person – even the uneducated – will understand the manner of using the figure of speech that I used," he said.
He maintained that his comments were not only within his rights as a Swapo Party member, but also aligned with the principles of democracy and open debate that the party should uphold. "My comments about Mubita were also made in my capacity as a member of the Swapo Party, and in exercising my right to demand the fulfilment of the provisions of the constitution of the party.”
Shipwikineni added: "Leadership of the Swapo Party must be tough. They must listen to us ordinary members, even if we use tough language to critique them or their views and opinions”.
‘Genuine concern’
He reiterated that his intentions were not to defame Mubita, but to express genuine concern for the direction in which the party is headed.
"The purpose of the audio recording was for information-sharing and debating with other members of the WhatsApp group, who are all Swapo Party members, on the quality or otherwise of the leadership of [Mubita]," Shipwikineni said.
"There is nothing defamatory in saying that Mubita is an untrustworthy person in the context of a political debate. I therefore pray that [his] claim be dismissed, with costs," he added.
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