Dar es Salaam – The High Court of Tanzania on Thursday dismissed a Sh15 billion (approximately US$6 million) defamation lawsuit filed by businessman Harbinder Singh Sethi against prominent opposition figure Zitto Kabwe, in a significant victory for freedom of expression in the country.
The case stemmed from comments Mr Kabwe made on social media regarding the long-running Independent Power Tanzania Limited (IPTL) scandal.
In a detailed judgment delivered on December 11, 2025, Honourable Judge Arnold Kirekiano ruled that the petitioner, Mr Sethi, had failed to prove that Mr Kabwe’s statements were false or malicious. The court found that Mr Kabwe’s comments constituted “fair comment on a matter of public interest” and were therefore protected speech.
“The petitioner has not established in the required standard that the publication was false and malicious,” Judge Kirekiano stated in his ruling. “Having found that there was no malice and the publication was not false… the petition is dismissed with costs.”
Case and arguments
The suit was initiated by Mr Sethi, the Executive Chairman of Pan Africa Power Solutions Ltd (PAP), a company that claims majority ownership of IPTL. He alleged that a post made by Mr Kabwe on the social media platform X (formerly Twitter) on April 5, 2025, was defamatory.
In the post, Mr Kabwe had supported the state power utility, TANESCO’s, position that it owed no further money to IPTL and referred to anyone claiming ownership as a “con person.”
READ MORE: IPTL Scandal Reignites as Zitto Kabwe Takes Stand in Defamation Case
Mr Sethi’s legal team argued that these words had exposed him to “hatred, contempt and ridicule,” damaging his reputation among the public and potential investors. They sought Sh10 billion in compensation for defamation and Sh5 billion in general damages, alongside a permanent injunction and a public apology.
Representing himself, Mr Kabwe, a former Member of Parliament and long-time government critic, argued that his statements were true in substance and made in good faith.
He contended that his comments were based on his extensive knowledge of the IPTL affair, gained during his time as the chairman of the parliamentary Public Accounts Committee (PAC), which investigated the scandal in 2014.
Mr Kabwe maintained that his post was an opinion on a matter of significant public interest – the potential misuse of public funds – and was protected under the constitutional right to freedom of expression.
Court’s reasoning
In his judgment, Judge Kirekiano emphasised that the court’s role was not to determine the ownership of IPTL, a matter with a “chequered history” in various courts. Instead, the focus was on whether Mr Kabwe’s statements were defamatory.
READ MORE: Zitto Kabwe on Public Enterprises in Tanzania and Their Prospects: ‘Public Sector Must Deliver’
The judge found that Mr Kabwe’s opinion was grounded in factual bases, including previous court decisions and a deed of settlement between IPTL and the government.
The court noted that the issue of IPTL’s claims against TANESCO was a matter of public record and debate, particularly after being highlighted in the Controller and Auditor General’s (CAG) report.
“The defendant [Mr Kabwe] should simply have to show that the impugned words constituted comment, that they had a basis in fact and that they concerned a matter of public interest,” the judge reasoned, citing a Canadian Supreme Court decision on the defence of fair comment.
The court concluded that since the publication involved a matter of public interest, namely public funds, and was not proven to be false or malicious, it was not unlawful under the Media Services Act.
Implications
This ruling is likely to be hailed by transparency advocates and opposition figures as a crucial affirmation of the right of citizens and public figures to scrutinise and comment on matters of national importance.
It sets a significant precedent for defamation cases in Tanzania, particularly those involving public officials and large-scale corruption allegations.
The IPTL scandal, which first erupted in the 1990s, has been one of the most enduring and damaging corruption sagas in Tanzania’s history. It involved inflated capacity charges for a power plant and the controversial withdrawal of over US$122 million from an escrow account at the Bank of Tanzania in 2013.
The scandal led to the resignation of several senior government officials following a parliamentary investigation led by Mr Kabwe.
Mr Sethi and his associate, James Rugemalira, were arrested in 2017 on charges of economic sabotage and money laundering related to the scandal. They were released in 2021 after a plea bargain with the state.
Speaking after the ruling, Mr Kabwe’s office released a statement welcoming the decision, stating that it was a “great victory for the constitutional right to freedom of expression and reinforces the importance of open debate and accountability in the use of public resources.”
The statement added that Mr Kabwe “continues to be at the forefront of advocating for good governance, transparency, and the proper use of public funds in Tanzania.”
