News / National
ZBC withdraws lawsuit against Ncube's company
13 Jul 2012 at 08:19hrs | Views
A storm is brewing between lawyers representing Alpha Media Holdings (AMH) and the Zimbabwe Broadcasting Corporation (ZBC) after the State broadcaster withdrew its $10 million defamation lawsuit against one of AMH's newspaper titles, The Standard, and its editor Nevanji Madanhire, but asked each party to separately foot their legal costs. AMH are the publishers of NewsDay, the Zimbabwe Independent and The Standard.
The ZBC sued The Standard and Madanhire for $10 million claiming the newspaper had, in one of its November 2010 issues, carried a defamatory story where it accused top officials at the national broadcaster of awarding themselves "obscene" salaries and allowances.
ZBC chief executive officer Happison Muchechetere described the story as "libellous, defamatory and scandalous".
However, on July 5, 2012, ZBC lawyers Muzangaza, Mandaza and Tomana Legal Practitioners wrote to AMH lawyers Atherstone and Cook advising that they had withdrawn the charges.
Part of the letter reads: "We have at last received our client's instructions to the effect this matter may be withdrawn. In light of the fact it had not gone beyond the basic exception, we propose that the withdrawal be on the basis of each party meeting their own costs."
But AMH lawyers wrote back on July 10 disputing the proposal to meet the legal costs of the matter.
"We regret that it is not acceptable that the parties bear their own costs. Our clients have been put to unnecessary expense in defending the action, which was incorrectly brought apparently due to ignorance of the law," said the AMH lawyers.
"Accordingly, our clients require reimbursement of their costs. Unless an undertaking to bear our clients' costs on the higher scale is received in the next seven days, we shall make an application for an award of costs."
The ZBC sued The Standard and Madanhire for $10 million claiming the newspaper had, in one of its November 2010 issues, carried a defamatory story where it accused top officials at the national broadcaster of awarding themselves "obscene" salaries and allowances.
ZBC chief executive officer Happison Muchechetere described the story as "libellous, defamatory and scandalous".
However, on July 5, 2012, ZBC lawyers Muzangaza, Mandaza and Tomana Legal Practitioners wrote to AMH lawyers Atherstone and Cook advising that they had withdrawn the charges.
Part of the letter reads: "We have at last received our client's instructions to the effect this matter may be withdrawn. In light of the fact it had not gone beyond the basic exception, we propose that the withdrawal be on the basis of each party meeting their own costs."
But AMH lawyers wrote back on July 10 disputing the proposal to meet the legal costs of the matter.
"We regret that it is not acceptable that the parties bear their own costs. Our clients have been put to unnecessary expense in defending the action, which was incorrectly brought apparently due to ignorance of the law," said the AMH lawyers.
"Accordingly, our clients require reimbursement of their costs. Unless an undertaking to bear our clients' costs on the higher scale is received in the next seven days, we shall make an application for an award of costs."
Source - newsday
