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MDC councillor sweats over $7 000 lawsuit

by Staff reporter
17 Jun 2019 at 09:27hrs | Views
BULAWAYO MDC Alliance councillor Clayton Zana nearly had his property attached last week after he failed to pay US$7 000 for malicious defamation to members of his burial society.

The incident happened last Friday.

Sources told Southern Eye that the intervention by Zana's lawyers saved the property from going under the hammer.

Zana confirmed the development saying his property was nearly attached over failure to pay US$7 000 for defaming four members of the Progressive Burial Society, of which he is a member.

Caleb Mhlanga, Fikile Ndlovu, Charity Ncube and Caleb Gwishira had dragged Zana to court, accusing him of defaming them after the councillor laid a case of theft against the quartet.

Zana, then representing the burial society, accused the four of embezzling US$3 899 from the society. They denied the charges, and later filed a counter suit demanding US$7 000 for defamation.

The case has been dragging on since 2013.

Zana reportedly only filed a notice to defend the summons, but failed to challenge the lawsuit in court, resulting in a default judgment against him.
"The case is, however, still pending in the courts, but I was surprised when the sheriff wanted to attach my property. It was only after the intervention of my lawyers that the attachment was stayed," Zana said.

In December, Zana nearly had his property attached over charges of embezzling more than ZWL$17 000 burial society funds.

The bid to attach his property followed claims that he had failed to comply with a High Court order directing him to pay back ZWL$17 682, being contributions by PBS members.

Zana, of ward 19 in Pumula East, had been taken to court by 72 disgruntled members of the burial society who accused him of dipping his fingers into the coffers of the society last year.

Bulawayo High Court judge Justice Nicholas Mathonsi ordered Zana to pay the disgruntled members their contributions after they filed for default judgment against him.

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Source - newsday

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