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Masvingo Mirror defamation lawsuit commences
MISA-Zimbabwe
November 30, 2011
The defamation
case in which The Masvingo Mirror is being sued for US$100 000 by
ZANU PF's Bikita District Co-ordinating Committee member retired
Colonel Claudius Makova commenced in the High Court on 29 November
2011.
Makova told
High Court judge Justice Susan Mavhangira sitting in Harare, the
story in question had damaged his reputation politically and within
the general readership of the newspaper in the province. The Masvingo
Mirror is based in the southern town of Masvingo.
He said the
defamatory substance within the story lay in the reference to him
as stupid and greedy. It was his contention the story portrayed
him as a terrorist on account of the fact that the story alleged
he was terrorising mine workers.
Cross examined
by defence lawyer Andrew Demo, on the justification for the amount
he was claiming in light of the newspaper's reach and the fact that
he had been accorded a chance to comment on the allegations within
the same story.
Makova who appeared
at pains in trying to justify the sum he was demanding later relented
to the fact that the sum might be too much and that he would stand
guided by the court.
Acting editor
of the weekly newspaper Garikayi Mafirakureva, told the court that
in his opinion the story was fair and balanced.
Golden Maunganidze,
the then editor and writer of the story in question was later called
to the stand. Maunganidze said the story was not defamatory as he
had given both sides an opportunity to comment on the material allegations
at the relevant time. Maunganidze said averments by the retired
colonel that the story was read on the internet were not true as
the publication was not online by then.
The matter continues
on 30 November 2011.
Background
The defamation
suit arose from a story published in the newspaper on 3 July 2008
titled: Big war in Bikita. The story referred to Makova's alleged
interests in Bikita Minerals and that he was  also allegedly
behind certain acts of violence.
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