Biti's US$1 million defamation lawsuit resumes

The high-profile US$1 million defamation lawsuit filed against former Finance Minister and opposition politician Tendai Biti resumed yesterday, with Biti's legal team filing a notice to apply for referral of the case to the Constitutional Court.

The suit, brought by Augur Investments and its top executives Kenneth Raydon Sharpe and Tatiana Aleshina, stems from allegations that Biti labelled Sharpe as one of the most corrupt individuals involved in looting Zimbabwe's resources.

In 2023, the High Court granted a default judgment against Biti, ordering the defamation proceedings to commence. Biti contested the ruling, seeking condonation for the late filing of his heads of argument and requesting a reversal of the default judgment. His application was dismissed, and a subsequent challenge at the Supreme Court also failed.

Biti's legal team, led by Professor Lovemore Madhuku, informed Justice Tawanda Chitapi that they intend to file the application for referral to the Constitutional Court on June 2. Advocate Thembinkosi Magwaliba, representing the plaintiffs, will respond by June 9. Oral arguments are scheduled for June 24.

Last year, High Court judge Justice Gladys Mhuri dismissed Biti's application, describing his explanation for the late filing as unsatisfactory. She noted a three-month delay from March to June 2023 and highlighted that a default judgment is not appealable, criticizing Biti for pursuing the matter in the Supreme Court rather than seeking rescission.

"In casu, the judgment in question was pronounced on 1 March 2023. This application was filed in June 2023. This was a three-month delay. This delay, in my view and contrary to the applicant's submission, is inordinate," Justice Mhuri ruled.

She further emphasized Biti's legal experience, stating: "It is also not in dispute that the applicant is a seasoned practising legal practitioner. He therefore knew that a default judgment is not appealable, but chose not to seek rescission and approached the Supreme Court."

Augur Investments is seeking US$500,000 in damages, while Aleshina claims US$100,000 and Sharpe is demanding US$400,000.

The case continues to draw significant attention as it advances through the courts, highlighting complex legal and political dynamics.