Zimbabwe's Gold Mafia saga in new twist

Al Jazeera Media Network has successfully appealed against a High Court ruling that had authorised the attachment of its property in Zimbabwe in connection with a defamation dispute arising from the Gold Mafia documentary aired in March 2023.

The legal battle was triggered by a lawsuit filed by Mehluleli Dube, who headed gold operations at Fidelity Printers and Refiners between 1989 and 2022. Dube had approached the High Court seeking to sue the Qatar-based broadcaster for defamation following allegations made about him in the investigative documentary series.

In October 2024, the High Court granted Dube's application for the attachment of Al Jazeera's property to found or confirm the court's jurisdiction in the intended defamation suit. The ruling directed the Sheriff of the High Court to seize items allegedly belonging to Al Jazeera, including laptops, computers, printers, cameras and photographic equipment said to be located at its bureau office in Harare.

Al Jazeera challenged the ruling at the Supreme Court.

In a judgment delivered by a bench comprising Justices Antonia Guvava, Lavender Makoni and Joseph Musakwa, the Supreme Court found that the High Court had erred in concluding that Al Jazeera operated a bureau office in Zimbabwe or possessed attachable property within the court's jurisdiction.

The judges overturned the High Court's decision, ruling that there was no evidence on record establishing that Al Jazeera had property firmly situated in Zimbabwe capable of attachment.

Al Jazeera is a private foundation established under the laws of Qatar, with its principal place of business in Doha. It operates a global news and public affairs television service broadcast internationally via satellite, including on the DStv platform operated by MultiChoice.

Dube had approached the courts in September 2023 seeking an order for attachment in terms of section 15 of the High Court Act. He intended to institute defamation proceedings against Al Jazeera following the broadcast of The Gold Mafia documentary series between March 23 and April 14, 2023, on DStv Channel 406 and YouTube.

The three-part documentary investigated alleged gold smuggling and corruption in Zimbabwe. In the second episode, titled Smoke and Mirrors, Dube was implicated through an informant as a key figure in alleged illicit gold dealings. The programme alleged that, while serving as head of gold operations at Fidelity Printers and Refiners, Dube corruptly authorised gold trading licences for businessman Kamlesh Pattni and received a monthly bribe of US$3 000.

Dube said the episode attracted about 2,8 million views across television and online platforms and that the allegations had caused serious harm to his reputation locally and internationally. He demanded US$2 million in damages for defamation and injuria, arguing that the documentary continued to damage his standing because it remained accessible online.

He further claimed that Al Jazeera operated a bureau office from a hotel in Harare and that its employees possessed tools of trade, including high-end laptops and cameras worth at least US$100 000, which could be attached to establish jurisdiction.

In opposing the application, Al Jazeera denied operating a bureau office in Zimbabwe. In an affidavit filed by its director of investigative journalism, Phillip Rees, the network said it merely leased a room used as an editorial space by its staff and that the equipment used by journalists was not permanently based in the country.

Rees said Al Jazeera was neither incorporated in Zimbabwe nor had a principal place of business in the country, and therefore was not subject to the jurisdiction of Zimbabwean courts in the defamation claim. The broadcaster also denied that the documentary was defamatory, arguing that the allegations were true, thoroughly investigated and published in the public interest.

The Supreme Court criticised the High Court for failing to properly explain how it concluded that an editorial office amounted to a bureau office.

"It is not clear how the admitted editorial office morphed to become a bureau office. An editorial office and a bureau office are not the same," the judges said.

"There is no evidence on the record that the appellant uses the room for collecting or distributing news or information… Without an explanation in its judgment on how the court came to this finding, which was clearly contrary to the evidence, the impression that the court a quo's decision is grossly unreasonable and capricious is unavoidable."

The court also noted that Dube had failed to clearly identify any property belonging to Al Jazeera that could be attached.

In the result, the Supreme Court ruled that there was no evidence that Al Jazeera had property firmly established in Zimbabwe and set aside the High Court's order authorising attachment.