News / National
Samukange's $5 million defamation lawsuit thrown out
04 Sep 2013 at 15:37hrs | Views
The High Court today threw out the $5 million defamation lawsuit filed by Mudzi South legislator Mr Jonathan Samukange against losing candidate Eric Navaya. Mr Samukange filed the lawsuit arguing that Navaya maliciously labelled him an MDC candidate during the election campaign period.
Navaya lost the seat to Mr Samukange, who contested as an independent candidate, following his disqualification from standing as a Zanu-PF candidate in the July 31 harmonised elections.
Mr Samukange argued 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 the MDC is viewed and understood to be agents of imperialism and therefore an enemy to the electorate.
Justice Joseph Mafusire dismissed the case on the basis that the uttered words did not amount to defamation.
"In politics people trade insults and the court does not feel that the cause of action was found in the case. Being called an MDC candidate cannot be viewed as defamatory and I dismiss the claim," ruled Justice Mafusire.
The matter was on the unopposed court roll but the court felt the order could not be granted.
Mr Samukange argued 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 was alleged Navaya uttered the same words on several occasions.
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.
Mr Everson Samukange of venturas and Samukange law firm is acted for the legislator.
Navaya lost the seat to Mr Samukange, who contested as an independent candidate, following his disqualification from standing as a Zanu-PF candidate in the July 31 harmonised elections.
Mr Samukange argued 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 the MDC is viewed and understood to be agents of imperialism and therefore an enemy to the electorate.
Justice Joseph Mafusire dismissed the case on the basis that the uttered words did not amount to defamation.
"In politics people trade insults and the court does not feel that the cause of action was found in the case. Being called an MDC candidate cannot be viewed as defamatory and I dismiss the claim," ruled Justice Mafusire.
The matter was on the unopposed court roll but the court felt the order could not be granted.
Mr Samukange argued 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 was alleged Navaya uttered the same words on several occasions.
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.
Mr Everson Samukange of venturas and Samukange law firm is acted for the legislator.
Source - herald
