Summons and Declaration for Elton Mangoma, Tendai Biti

IN THE HIGH COURT OF ZIMBABWE  - CASE NO. HC/2014
HELD AT HARARE

In the matter between:
ELTON STEERS MANGOMA - PLAINTIFF
And
LLOYD MBIBA - 1ST DEFENDANT
STANELY GAMA - 2ND DEFENDANT
ASSOCIATED NEWSPAPERS ZIMBABWE (PVT) LTD - 3RD DEFENDANT

SUMMONS

To the Defendants named above:
The Plaintiff's claim as against defendant is for defamatory damages following a publication by Defendants in the Daily News Edition of 7 April 2014 in an article headed "Tsvangirai Plot".

(a)    Payment of the sum of US$2 000 000.00 (two million dollars).

(b)    Interest at the legal rate on the said amounts from the date of issue of Summons.

(c)    Costs of suit.
 
If you wish to oppose any of the Plaintiff's claims, you must:

(a)    Enter an appearance to defend by making an appropriate entry in the appearance book kept in the office of the Registrar of the High Court of Zimbabwe at Harare within TEN (10) days after the service of this Summons (Saturdays, Sundays and public holidays are not counted as part of this ten day period, nor is the day on which this Summons was served); and

(b)    Notify the Plaintiff or its Legal Practitioners, in writing, at the address given below, of your entry of appearance to defend. You must give the Plaintiff or its Legal Practitioners an address for service within five (5) kilometres of the Court specified above, together with a postal address.

(c)    If you do not enter an appearance to defend, the Plaintiff's claim will be heard and dealt with by the High Court without further notice to you.

The Deputy Sheriff is hereby required to serve a copy of this summons to the Defendant named above and, immediately after doing so, to return a further copy of the Summons, with a return of service in Form No.5A duly completed, to the Registrar who issued it.

DATED AT HARARE THIS DAY OF APRIL 2014.

REGISTRAR OF THE HIGH COURT
OF ZIMBABWE

The Plaintiff's address for service is:

TO:    THE REGISTRAR
High Court of Zimbabwe
HARARE

AND TO:    LLOYD MBIBA
        1st Defendant
        Trust Towers
        Samora Machel Avenue
        HARARE

AND TO:    STANLEY GAMA
        2nd Defendant
        Trust Towers
        Samora Machel Avenue
        HARARE

AND TO:    ASSOCIATED NEWSPAPERS OF ZIMBABWE (PVT) LTD
        3rd Defendant
        Trust Towers
        Samora Machel Avenue
        HARARE

IN THE HIGH COURT OF ZIMBABWE  CASE NO. HC /2014
HELD AT HARARE

In the matter between:
ELTON STEERS MANGOMA - PLAINTIFF

And

LLOYD MBIBA - 1ST DEFENDANT
STANELY GAMA - 2ND DEFENDANT
ASSOCIATED NEWSPAPERS ZIMBABWE (PVT) LTD - 3RD DEFENDANT

PLAINTIFF'S DECLARATION

1.    Plaintiff is Tendai Biti, a senior legal practitioner of this Honourable Court, and for the time being the Secretary General of the Political Party known as the Movement for Democratic Change – Tsvangirai, (MDC-T) which is led by one Morgan Richard Tsvangirai.  His address of service is care of his undersigned legal practitioners of record.

2.    First Defendant is Lloyd Mbiba, a reporter for the newspaper known as the Daily News, owned and published by the Third Defendant, which operates from Trust Towers, Samora Machel Avenue, Harare.

3.    Second Defendant is Stanley Gama, the Editor of the aforesaid Daily News paper, a Zimbabwean, whose address for service is Trust Towers, Samora Machel Avenue, Harare.

4.    Third Defendant is Associated Newspapers of Zimbabwe (Pvt) Ltd being a company duly registered according to the laws of Zimbabwe which is the owner and publisher of the aforesaid newspaper known as the Daily News.

4.1    On the 7th of April 2014 and at Harare an article, authored by the 1st Defendant which was published in the Daily News headed "Tsvangirai plot; Western donors fingered in conspiracy; Dossier claims Mangoma, Biti working with Zanu PF".

4.2    The Daily News is a paper widely distributed in Zimbabwe and widely read by the general public.

4.3    In addition, the Daily News, operates a website, whose address is www.dailynews.co.zw, which is widely read locally and internationally and in respect of which the aforesaid article was also published on the same day.

4.4    Over and above this, the same article was reproduced by other widely read online publications including the Zimbabwe situation, available at www.zimbabwesituation.com.

4.5    The said article stated of the Plaintiff that:

(i)    He had "personally benefited through access to resources such as farming implements and also business tenders, as well as deals courtesy of the manipulation by the Zanu PF system".

(ii)    The same and two other persons namely Elton Mangoma, the Deputy Treasurer of the Movement for Democratic Change and Roy Bennett the Treasurer General of the same party, were a group of persons working together since 2012 to cause harm to the person of Morgan Tsvangirai and were in fact rebels.

(iii)    The Plaintiff and the said rebels, were now working with Zanu PF, and western donors, to prevent Morgan Tsvangirai from contesting in the 2008 General election. 

(iv)    The Plaintiff and his co-rebel conspirators had financially sabotaged Morgan Tsvangirai's bid to be president of the country in the July 2013 general election.  

(v)    The Plaintiff and the other rebels were spying and manipulating Tsvangirai's "private issues".

(vi)    The Plaintiff and his rebels had received US$10 000 000.00 (ten million dollars) from Zanu PF.

(vii)    The Plaintiff and his co-rebels had diverted funds away from the MDC which included: US$4 000 000.00 (four million dollars) from the United States of America; US$2 000 000.00 (two million dollars) from Australia and US$1 500 000.00 (one million five hundred dollars) from Scandinavian countries and US$5 000 000.00 (five million dollars) from other sources.

(viii)    That the Plaintiff and his co-rebels had received 100 (one hundred) vehicles from donors which vehicles they handed over to their sympathisers in South Africa.

(ix)    The Plaintiff and his co-rebels had also manipulated MDC staff to work against Morgan Tsvangirai who included Toendepi Shonhe and Fortune Gwaze.

(x)    The Plaintiff and his co-rebels were working with state spies or Zanu PF had tried to spy and manipulate Morgan Tsvangirai's wife had recorded conversations and had invaded her communications.
(xi)    The Plaintiff and his co-rebels were waging cyber-warfare against Morgan Tsvangirai on internet sites such as Radio Chokwadi and Harvest Likis which were being funded by the same.
4.6    The said article was wrongful and defamatory of the Plaintiff in that it was intended and was understood by the readers of the newspaper and its internet page that Plaintiff is dishonesty, corrupt, conspiratory, unworthy, a plotter, a schemer.  More particularly the aforesaid article was understood to mean that the rebels and indeed the Plaintiff was:-

(a)    A corrupt and dishonest individual who had benefited from Zanu PF corruption, tenders, and other illegal deals, including obtaining farm implements.

(b)    A sell out, conspirator who had betrayed the cause of his Party by working with Zanu PF.

(c)    Had sabotaged the 2013 election by ensuring that Morgan Tsvangirai did not win.

(d)    A thief in that he had stolen money from the Party.

(e)    Was corrupt and dishonesty in that he was working with Zanu PF.

(f)    Had corruptly and against the provisions of the law receiving money from the USA, Britain, Australian, Schandinavian and other countries which he had diverted anyway.

(g)    Manipulative in that he had diverted the Party's staff in particular Toendepi Shonhe and Fortune Gwaze.

(h)    A spy or worked with agents in spying on Mrs Tsvangirai and trying to manipulate him.

(i)    Malicious and evil in that he sponsored cyber-warfare against Morgan Tsvangirai.

(j)    In the process he had sponsored or co-owned internet sites like Radio Chokwadi and Harvest Likis.

4.7    As a result of the defamation, Plaintiff has been damaged in his reputation and has suffered damages in the sum of US$2 000 000.00 (two million dollars).

Wherefore Plaintiff prays for against Defendants jointly and severally each paying the other, the other to be absolved:
(a)    Judgment in the sum of US$2 000 000.00 (two million dollars)

(b)    Interest at the legal rate on the said amounts from the date of issue of Summons.

(c)    Costs of suit.

DATED AT HARARE THIS 17th DAY OF APRIL 2014.

TO:    THE REGISTRAR
High Court of Zimbabwe
HARARE

AND TO:    LLOYD MBIBA
        1st Defendant
        Trust Towers
        Samora Machel Avenue
        HARARE

AND TO:    STANLEY GAMA
        2nd Defendant
        Trust Towers
        Samora Machel Avenue
        HARARE

AND TO:    ASSOCIATED NEWSPAPERS OF ZIMBABWE (PVT) LTD
        3rd Defendant
        Trust Towers
        Samora Machel Avenue
        HARARE