News / National
Madhuku sues Daily News for $200,000
09 Jul 2014 at 07:42hrs | Views
University of Zimbabwe law lecturer Professor Lovemore Madhuku has slapped Associated Newspapers of Zimbabwe (ANZ) Limited, publishers of the Daily News, with a $200 000 lawsuit after the paper published two stories last year alleging that he was part of a Zanu-PF delegation to a Sadc Summit in Mozambique in June of the same year.
He is also suing Daily News editor Stanley Gama in his official capacity.
Prof Madhuku, who is interim leader of the National Constitutional Assembly party, said the two articles published on June 16, 2013 under the headlines "Bloated Sadc Entourage" and another one "Thank You Sadc" were incorrect because he has never been to Mozambique.
Through his lawyers, Mabhundu Law Chambers, Prof Madhuku said the two stories were wrong and sought to portray him as a dishonest person who would do anything for money.
"It is of essence to clearly state that the two publications were and shall forever remain false and defamatory of the plaintiff in the most highest and imaginable of ways essentially in that;
"Plaintiff has actually never been to the Republic of Mozambique for the period of his natural life thus far, he has his passport to add to the surety of his word. The publications were as such scurrilous and completely malnourished in verification, investigation and authenticity.
"Plaintiff is not part of Zanu- PF and did not travel with the said party's delegation to Maputo for the Sadc Summit. The plaintiff never at any time offered legal advice to Zanu-PF in view of the Maputo Sadc Summit and is beyond expression shocked by the wrongful and intentional, above all defamatory publication of the two articles," said Prof Madhuku's lawyers.
They said the two articles pained and defamed Prof Madhuku in that they created an impression in the general public that he was part of the Zanu-PF team in the run-up to the harmonised elections of July 31, 2013.
Mabhundu Law Chambers said at the time of the publication of the two articles, Prof Madhuku was chairperson of the National Constitutional Assembly and was not involved in politics.
At that time, Prof Madhuku contend, he would be requested to issue balanced commentary on the social, legal and political issues that faced the country.
"Plaintiff therefore insists that the publications were defamatory in creating an impression that:
"He was paid for his role in Mozambique and therefore for the love of money he becomes so dishonest in his dealings with the public to the extent that he uses his weight as a Professor of Law to spread incorrect positions of the law merely to serve whoever is paying him.
"That he is of such low moral standing and has such lack of integrity that for the sake of money he will shift from one extreme position to its exact opposite as evidenced by, at one time being an opponent of Zanu-PF and suddenly being Zanu-PF's chief legal advisor.
"That he is not sincere in all his publicly held views emanating from being part of the NCA and that the public must not trust his views.
"That notwithstanding his high education, he has no genuine views of his own. He is a mouthpiece of his paymasters and is prepared to be used by them for any purpose, regardless of the consequences on the nation," said Prof Madhuku's lawyers.
He said ANZ Limited and Gama had approached the Voluntary Media Council of Zimbabwe for a resolution of the matter where the latter accepted that the publications contained falsehoods about Prof Madhuku and undertook to publish a retraction and apology.
"He has not done so apparently because the defendants want the falsehoods to remain in the public domain for reasons best known to themselves.
"Wherefore plaintiff claims as against the defendants jointly and in solidium, the one paying the other to be absolved, payment in the sum of $200 000," said Mabundu Law Chambers.
He is also suing Daily News editor Stanley Gama in his official capacity.
Prof Madhuku, who is interim leader of the National Constitutional Assembly party, said the two articles published on June 16, 2013 under the headlines "Bloated Sadc Entourage" and another one "Thank You Sadc" were incorrect because he has never been to Mozambique.
Through his lawyers, Mabhundu Law Chambers, Prof Madhuku said the two stories were wrong and sought to portray him as a dishonest person who would do anything for money.
"It is of essence to clearly state that the two publications were and shall forever remain false and defamatory of the plaintiff in the most highest and imaginable of ways essentially in that;
"Plaintiff has actually never been to the Republic of Mozambique for the period of his natural life thus far, he has his passport to add to the surety of his word. The publications were as such scurrilous and completely malnourished in verification, investigation and authenticity.
"Plaintiff is not part of Zanu- PF and did not travel with the said party's delegation to Maputo for the Sadc Summit. The plaintiff never at any time offered legal advice to Zanu-PF in view of the Maputo Sadc Summit and is beyond expression shocked by the wrongful and intentional, above all defamatory publication of the two articles," said Prof Madhuku's lawyers.
They said the two articles pained and defamed Prof Madhuku in that they created an impression in the general public that he was part of the Zanu-PF team in the run-up to the harmonised elections of July 31, 2013.
Mabhundu Law Chambers said at the time of the publication of the two articles, Prof Madhuku was chairperson of the National Constitutional Assembly and was not involved in politics.
"Plaintiff therefore insists that the publications were defamatory in creating an impression that:
"He was paid for his role in Mozambique and therefore for the love of money he becomes so dishonest in his dealings with the public to the extent that he uses his weight as a Professor of Law to spread incorrect positions of the law merely to serve whoever is paying him.
"That he is of such low moral standing and has such lack of integrity that for the sake of money he will shift from one extreme position to its exact opposite as evidenced by, at one time being an opponent of Zanu-PF and suddenly being Zanu-PF's chief legal advisor.
"That he is not sincere in all his publicly held views emanating from being part of the NCA and that the public must not trust his views.
"That notwithstanding his high education, he has no genuine views of his own. He is a mouthpiece of his paymasters and is prepared to be used by them for any purpose, regardless of the consequences on the nation," said Prof Madhuku's lawyers.
He said ANZ Limited and Gama had approached the Voluntary Media Council of Zimbabwe for a resolution of the matter where the latter accepted that the publications contained falsehoods about Prof Madhuku and undertook to publish a retraction and apology.
"He has not done so apparently because the defendants want the falsehoods to remain in the public domain for reasons best known to themselves.
"Wherefore plaintiff claims as against the defendants jointly and in solidium, the one paying the other to be absolved, payment in the sum of $200 000," said Mabundu Law Chambers.
Source - The Herald