Ndola high court rules in favour of journalist Zulu over unfair dismissal by Daily Mail

The Ndola High Court has ruled that journalist Stafrance Zulu was unfairly dismissed by the Zambia Daily Mail after publishing a photograph showing people queuing for mealie meal.

Justice Derrick Mulenga ordered the Zambia Daily Mail to pay Zulu K241,871.70 in benefits and 36 months’ salary as damages for unfair dismissal, stating, “There was absolutely no substratum of facts upon which to charge and dismiss the complainant from employment.”

Zulu, a press photographer employed since June 2016, reportedly took the photograph under instructions from acting supervisor, Chongo Sampa.

The image, which aligned with the newspaper’s April 12, 2023 headline, “HH acts on staple food – emergency response activated to deal with mealie-meal shortages,” was later posted online by Assistant Editor, Conrad Chikweto.

The court found Zulu had followed standard procedures, submitting the photograph to senior editors.

However, Managing Director, Simate Simate, deemed the photo “insensitive,” triggering disciplinary action that led to Zulu’s dismissal.

Justice Mulenga clarified that Zulu’s duties ended with submitting the image and held Chikweto accountable for its online publication.

The court rejected claims of negligence or insubordination against Zulu, noting no evidence of financial loss or reputational damage to the company.

The judge also highlighted the consistency between Zulu’s photograph and the newspaper’s government-aligned stance on mealie meal shortages, criticizing Zambia Daily Mail’s argument.

Zulu’s prolonged unemployment since his dismissal and economic hardships were key factors in determining damages, guided by Supreme Court precedents.

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