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False rape report, woman slapped with $2 million lawsuit

by Mashudu Netsianda
03 Dec 2015 at 05:31hrs | Views
MIMOSA Mine human resources executive, Peter Mtombeni, who was two years ago nailed by a female prospective employee for alleged attempted rape and indecent assault before he was later cleared is now suing her.

He has filed a $2 million lawsuit against the Bulawayo woman and her accomplices.

Mtombeni through his lawyers Lunga Gonese Attorneys Legal Practitioners yesterday filed summons at the Bulawayo High Court citing his accuser, Nomatter Kondowe, Peter Kundiona and Nathan Shoko, a former senior executive at the mine as the defendants.

In the court papers, Mtombeni who is the plaintiff said Kundiona and Shoko influenced Kondowe to stage- manage an attempted rape case against him.

"On January 15, 2013, the first defendant (Kondowe) caused a police report to be made at Zvishavane Police Station alleging that I had attempted to rape and indecently assault her. It was found by the court that there was no reasonable and probable cause but the report was motivated by malice," said Mtombeni.

He said for intentionally causing impairment on his dignity and tarnishing his personal and professional image, Kondowe should pay him $1 million for defamation and crimen injuria and another $1 million for false and malicious arrest and prosecution.

"As a result of the unlawful and malicious arrest and prosecution and false accusation of attempted rape I suffered damages in the sum of $2 million. The false and malicious allegations appeared in The Chronicle which has a wide circulation nationally and its website which has international followers," said Mtombeni

He seeks an order that compels the defendants to pay him $2 million with interest calculated at a prescribed bank rate from the day of issue of summons to the date of full and final payment.

He also wants the defendants to pay the costs of suit at attorney-client scale.

Mtombeni was in January 2013 picked up by police in Zvishavane for questioning on allegations of attempted rape or indecent assault and later taken to court.

However, the plot quickly took a new twist as Kondowe who made the initial report to the police was later arrested for allegedly conspiring to supply false information to the police.

According to media reports quoting sources at the mine, turmoil and intra-fighting for key positions had hit the Mimosa Mine human resources department with staff members allegedly framing each other on cases that attract jail terms.

The sources at the giant platinum mine said at the time there were allegations that some senior managers at the mine were demanding sexual favours from all females seeking employment.


Source - chronicle