Chronicle sued for $6 million

CHRONICLE editor, Mduduzi Mathuthu this Tuesday afternoon registered his first lawsuit since assuming control at the Bulawayo - based daily.

A former editor at New Zimbabwe.com, the former Daily News and Dispatch reporter was appointed to head the Chronicle by Media, Information and Broadcasting Services minister, Professor Jonathan Moyo following his re-appointment to the information portfolio by President Robert Mugabe.

The appointment, however, shocked many in the media circles given Mathuthu's stance while at the United Kingdom-based online publication.

Mathuthu, as editor of the publication, was dragged to the Bulawayo High Court by Bulawayo lawyer, Mlweliwenkululeko Ncube, together with his reporter, Leonard Ncube and the Zimbabwe Newspapers Limited group, the publishers of the newspaper.

The applicant is demanding damages from the Chronicle to the tune of $6 million which he argues in his summons was damage and loss of business incurred as a result of the story published at the weekend by the daily newspaper.

The story alleged Ncube had penned an agreement that had led to the sale of a house belonging to the deceased without the necessary power of attorney required at law in the sale of properties involving deceased people.

Ncube states in his summons, prepared by Bulawayo lawyers, Cheda and partners, that he wanted the court to award a payment of the sum of $1 million being defamation damages arising from the story published by the newspaper. A further $5 million, the summons show, is said to be the sum that Ncube lost in his business operations due to the story in the Saturday edition of the newspaper.

In his declaration to the court, Ncube stated that the $6 million claim was also aimed at compensating for the damage that had been caused to his social and professional standing due to the publication, adding that the story had even caused anxiety among family members.

The story in question suggests that Ncube had been de-registered by the Law Society of Zimbabwe (LSZ) after he was found to have squandered client funds. It also insinuated that Ncube was a "not-so-trustworthy" lawyer as he had seen through the signing of a scandalous house agreement.

In the summons, Ncube also argues there was a criminal intent in the said story. He argues that the mention of one of his former workmates, Masimba Munjanja, who was jailed for five years for abusing trust funds, was meant to paint a grim picture about his dealings and also to make him appear as a criminal.

"The defendants' publication of the article on the 25th of January 2014 with malice aforethought is false and defamatory about the Plaintiff to the effect that the Plaintiff is a de-registered legal practitioner and a criminal fraudster.

"The said utterances in the said article by the Defendants were false, malicious, and calculated to defame the Plaintiff in his character, dignity, integrity and have ruined his reputation," read the summons in part.

It is Ncube's lawyers' argument that the Chronicle editorship failed in the discharge of its duties to verify what it said were simple facts that have led to this lawsuit.    

"The Plaintiff was never arrested by the police or appeared in a court of law facing any case involving fraud or misappropriating of client's funds. The Plaintiff is not even part of the case allegedly before the courts and any mention of his name was done by the persons appearing in court for fraud while trying to defend themselves. And a phone call (either to the police or the Plaintiff) would have clarified this," reads the summons in part.

Added the summons: "As a result of the defamation, the Plaintiff has been damaged in his reputation and has suffered damages in the amount of $6 million."

The newspaper is yet to respond to the summons.