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High Court orders Director-General of CIO to justify claims
07 Dec 2011 at 20:02hrs | Views
THE High Court of Zimbabwe has ordered director-general of the Central Intelligence Organisation Major General Happyton Bonyongwe to justify the US$10 million he is claiming from Africa Consolidated Resources director Mr Andrew Cranswick as defamation damages.
Maj Gen Bonyongwe (Retired) is claiming US$10 million from Mr Cranswick for allegedly supplying defamatory information to the United States embassy accusing the CIO boss and other high-ranking officials of illegally profiteering from Chiadzwa diamonds.
The information was later published by WikiLeaks on the Internet.
Yesterday, Justice Felistus Chatukuta deferred to December 21 an application by Maj Gen Bonyongwe for a default judgment against Mr Cranswick for want of justification of the amount being sought.
Justice Chatukuta ordered the CIO boss' lawyer, Mr Evans Moyo, to file heads of argument justifying the figure saying the Zimbabwean courts were not used to such substantial amounts. You should file heads of argument justifying the figure being claimed. Yes the appellant holds a high office, but US$10 million is a lot of money in the absence of justification. As I went through the papers, I had and still have difficulties with the US$10 million," said Justice Chatukuta.
According to the summons prepared by Mr Joseph Mafusire of Scanlen and Holderness, on November 6 2008, Mr Cranswick reported to some US embassy officials that there was a small group of high-ranking Zimbabwean officials that was allegedly illicitly extracting tremendous personal diamond profits from the Chiadzwa diamonds in Marange.
Among the officials Mr Cranswick alleged to have been benefiting were Maj Gen Bonyongwe, Reserve Bank Governor Dr Gideon Gono, the First Lady Amai Grace Mugabe, Vice President Joice Mujuru,
Zimbabwe Defence Forces Commander General Constantine Chiwenga and his estranged wife Jocelyn and Manicaland Governor Chris Mushowe.
Based on the report, it is alleged, the then US Ambassador to Zimbabwe Mr James McGee created a diplomatic cable on November 12 2008 titled "Regime Elites Looting Deadly Diamond Field".
Maj Gen Bonyongwe denies extracting or selling any diamonds as alleged describing the information as false.
"The plaintiff has at no stage been involved either personally or through other persons, in any trade in diamonds or any minerals whatsoever whether at Chiadzwa or anywhere in the world. The defendant's report was false, injurious and defamatory of the plaintiff in that it imputed and was intended by the defendant to impute that the plaintiff was part and parcel of a corrupt and diabolical cartel running and controlling the Government of Zimbabwe and which was abusing its vantage position to engage in vicious, murderous but lucrative trade in diamonds..."
Maj Gen Bonyongwe (Retired) is claiming US$10 million from Mr Cranswick for allegedly supplying defamatory information to the United States embassy accusing the CIO boss and other high-ranking officials of illegally profiteering from Chiadzwa diamonds.
The information was later published by WikiLeaks on the Internet.
Yesterday, Justice Felistus Chatukuta deferred to December 21 an application by Maj Gen Bonyongwe for a default judgment against Mr Cranswick for want of justification of the amount being sought.
Justice Chatukuta ordered the CIO boss' lawyer, Mr Evans Moyo, to file heads of argument justifying the figure saying the Zimbabwean courts were not used to such substantial amounts. You should file heads of argument justifying the figure being claimed. Yes the appellant holds a high office, but US$10 million is a lot of money in the absence of justification. As I went through the papers, I had and still have difficulties with the US$10 million," said Justice Chatukuta.
Among the officials Mr Cranswick alleged to have been benefiting were Maj Gen Bonyongwe, Reserve Bank Governor Dr Gideon Gono, the First Lady Amai Grace Mugabe, Vice President Joice Mujuru,
Zimbabwe Defence Forces Commander General Constantine Chiwenga and his estranged wife Jocelyn and Manicaland Governor Chris Mushowe.
Based on the report, it is alleged, the then US Ambassador to Zimbabwe Mr James McGee created a diplomatic cable on November 12 2008 titled "Regime Elites Looting Deadly Diamond Field".
Maj Gen Bonyongwe denies extracting or selling any diamonds as alleged describing the information as false.
"The plaintiff has at no stage been involved either personally or through other persons, in any trade in diamonds or any minerals whatsoever whether at Chiadzwa or anywhere in the world. The defendant's report was false, injurious and defamatory of the plaintiff in that it imputed and was intended by the defendant to impute that the plaintiff was part and parcel of a corrupt and diabolical cartel running and controlling the Government of Zimbabwe and which was abusing its vantage position to engage in vicious, murderous but lucrative trade in diamonds..."
Source - TH
