Teacher sue MDC-T for $300 000 for using his image

A Murehwa school teacher, who lost both hands in a freak accident in 2009, has sued MDC-T for US$300 000 in damages after the party allegedly used his image in a newspaper campaign poster and in television advertisements without his consent.

In papers filed at the High Court on Thursday, Wadzanai Mabvuma, a teacher at Gumbanjera Secondary School, said he was further incensed by that the adverts and the poster showed him with both hands, a painful reminder of the tragedy he faced.

Mabvuma said as a result of the poster and the advertisements, his personality was now publicly associated with MDC-T. He said his rights to self-determination politically were now compromised and he feared becoming an easy target of political violence by rival parties.

Mabvuma said as a teacher, the desired impartiality in the eyes of his students and community was now compromised.

He also said he was shocked beyond expression to find that his image appeared on an MDC-T election campaign poster in the Daily News.

"Immediately soon after such shocking realisation, it dawned to plaintiff that the same campaign poster was appearing on a video clip on Zimbabwean Television," said Mabvuma, in papers submitted through Mr Ephraim Ndlovu of Mabundu Law Chambers.

"Further to that, plaintiff has come to realise that the same campaign poster with his image when he had both hands is circulating on the current news forms of communication being among them Facebook and WhatsApp."

Mabvuma further argues that the publication of his photo without his consent was a violation of his constitutional right as contained in section 51 of the Constitution. Mabvuma also argued that his right was blatantly violated in that such right extends to the control each person has over his or her identity, adding that this control implied a personal choice to have their image published.

"The published and continuously circulating images of the plaintiff are further an affront and a pain to his inherent dignity in that they remind him of his old self, prior to the accident that led to him having his other arm amputated," he submitted.

"The pain, shock and suffering that plaintiff has been and shall continuously suffer is immeasurable. Plaintiff therefore submits that the publication of his image by defendant was wrongful act, committed intentionally and violated his dignitas, essentially in that it constitutes arrogant, ignominious and offensive treatment."

Mabvuma said he suffered an invasion of his right to human dignity and suffered damages in the sum of US$300 000. Mabvuma's lawyer Mr Ndlovu confirmed that his client was indeed suing the MDC-T.

"I can confirm that indeed we are acting on behalf of Wadzanai Mabvuma," he said.

"I would not like to comment much on a matter which is before the courts, but I want to make it clear that this is purely a constitutional matter in which a right expressed in Section 51 of our very own constitution has been violated.

"There is nothing political about it."