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Zanu-PF MP files defamation lawsuit

by Staff reporter
03 Sep 2013 at 13:35hrs | Views
Mudzi South member of the National Assembly Mr Jonathan Samukange has filed a $5 million defamation lawsuit against the losing candidate in the constituency Eric Navaya.

Mr Samukange, a prominent lawyer practising in Zimbabwe, Namibia, South Africa and the United Kingdom, filed the lawsuit at the High Court accusing Navaya of maliciously labelling him an MDC candidate during the election campaign period.

Navaya lost the seat to Mr Samukange who contested as an independent candidate after being disqualified from standing as a Zanu-PF candidate.

Mr Samukange argues in the summons that Navaya's utterances were false and malicious and that he had never been a member of any political party other than Zanu-PF.

The statements, according to Mr Samukange, were damaging to his political and social reputation as MDC, in Mudzi is viewed and understood to be agents of imperialism and therefore an enemy to the electorate.

"The words uttered  are defamatory in one or more of the following ways.

"They create despondency and enemity with the electorate by associating the plaintiff with the MDC party.

"The words further injures the plaintiff's freedom of association and assembly especially with Zanu-PF members.

"The MDC party is unpopular in the area, viewed as agents of imperialism and therefore an enemy to the electorate.

"Defendant, in associating the plaintiff with the MDC party, intended to injure the plaintiff's reputation and personal security."

Mr Samukange argues that Navaya repeated the defamatory words on several functions throughout June and July this year.

The first utterances, according to Mr Samukange, were made mid June at Chikwizo Secondary School in Mudzi when Navaya held a political campaign meeting.

From that day, it is alleged Navaya uttered the same words on several occasions.

Mr Samukange has even filed heads of argument in the matter while Navaya never filed any opposing papers in the matter.

The matter was therefore placed on the unopposed cases' court roll and it may be heard today (Wednesday) at the High Court.

Mr Samukange indicated in the papers that the "defamatory" statements were publicised and that he received several phone calls from people all over asking him about his political affiliation.

Venturas and Samukange law firm is acting for Mr Samukange.

Source - herald
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