News / National
Mutasa, Biti square off in $5 million lawsuit
11 Mar 2016 at 06:07hrs | Views
PEOPLE'S Democratic Party (PDP) leader Tendai Biti has challenged former Minister of State Didymus Mutasa to prove that his (Mutasa) character is blameless and clean in an ongoing $5 million defamation lawsuit as he defended his freedom of speech in matters of politics.
Mutasa, who is now one of the founders of the Zimbabwe People First party, appeared at the High Court on Tuesday this week for a pre-trial conference before Justice November Mtshiya, but the matter was postponed to a date yet to be set.
In his declaration attached to summons under case HC5392/13, Mutasa said he was a man of "an unimpeached character" but that had been blemished by Biti's utterances both in Cabinet and in public when he allegedly claimed he (Mutasa) killed one Christpowers Maisiri (12) in politically-motivated violence.
"The plaintiff (Mutasa) is internationally well known and has an unimpeached character. He is (then) a Member of Parliament and sits in the Cabinet of Zimbabwe. He is a well-respected man by the local and international community," Mutasa said.
"The defendant (Biti) has struck on plaintiff's professional reputation and good character; plaintiff is greatly insulted, degraded and outraged by the accusations. Plaintiff's dignity has been seriously impaired as people now believe or suspect that he is a killer of young innocent children.
He added: "The statements by the defendant received widespread publication in the local and international media. These publications are injurious to the plaintiff's good name, reputation, social and political standing."
However, in response to Mutasa's claim, Biti denied uttering or publishing any defamatory statements and challenged Mutasa to say the "particularised words" he is alleged to have uttered at the said Cabinet meeting.
"Defendant (Biti) further pleads that in the absence of the words, or an approximation thereof of the words it is alleged he published, the plaintiff (Mutasa) has failed to establish the publication and its wrongfulness and the defendant prays that plaintiff's claim be dismissed," Biti said.
"Defendant has no knowledge of the allegations made herein, does not accept or admit same, denies that plaintiff (Mutasa) is of unimpeached character and puts plaintiff to the strict proof of his claims.
"Defendant denies the publication of the unparticularised words at a Cabinet meeting as alleged, denies uttering or publishing any defamatory statements of and concerning the plaintiff, denies that the plaintiff's claim as pleaded discloses a cause of action, and plaintiff is put to the strict proof of his claims."
Mutasa, who is now one of the founders of the Zimbabwe People First party, appeared at the High Court on Tuesday this week for a pre-trial conference before Justice November Mtshiya, but the matter was postponed to a date yet to be set.
In his declaration attached to summons under case HC5392/13, Mutasa said he was a man of "an unimpeached character" but that had been blemished by Biti's utterances both in Cabinet and in public when he allegedly claimed he (Mutasa) killed one Christpowers Maisiri (12) in politically-motivated violence.
"The plaintiff (Mutasa) is internationally well known and has an unimpeached character. He is (then) a Member of Parliament and sits in the Cabinet of Zimbabwe. He is a well-respected man by the local and international community," Mutasa said.
"The defendant (Biti) has struck on plaintiff's professional reputation and good character; plaintiff is greatly insulted, degraded and outraged by the accusations. Plaintiff's dignity has been seriously impaired as people now believe or suspect that he is a killer of young innocent children.
However, in response to Mutasa's claim, Biti denied uttering or publishing any defamatory statements and challenged Mutasa to say the "particularised words" he is alleged to have uttered at the said Cabinet meeting.
"Defendant (Biti) further pleads that in the absence of the words, or an approximation thereof of the words it is alleged he published, the plaintiff (Mutasa) has failed to establish the publication and its wrongfulness and the defendant prays that plaintiff's claim be dismissed," Biti said.
"Defendant has no knowledge of the allegations made herein, does not accept or admit same, denies that plaintiff (Mutasa) is of unimpeached character and puts plaintiff to the strict proof of his claims.
"Defendant denies the publication of the unparticularised words at a Cabinet meeting as alleged, denies uttering or publishing any defamatory statements of and concerning the plaintiff, denies that the plaintiff's claim as pleaded discloses a cause of action, and plaintiff is put to the strict proof of his claims."
Source - newsday
