EX-INFORMATION minister, Professor Jonathan Moyo is suing the re-launched Daily News for R900 000 (about $134 000) for re–publishing articles attacking President Robert Mugabe and Zanu PF which he wrote after he was fired from the party and government.
The paper has been running a series of his articles under the title ‘Gems from Jonathan Moyo’ but the Zanu PF legislator is now seeking an order to prevent publication of the articles arguing his rights were being violated.
Claiming MDC Secretary General and Finance Minister, Tendai Biti was behind the development, Moyo threatened to take action after the newspaper ran an article from August 4, 2006, titled, “Leaving all to Gono won’t bring sunrise” which he argued "dealt with particular issues of particular circumstances at a particular time involving particular players" and no longer applied today.
Writing in the state-run Sunday Mail newspaper Moyo said while he stood by “the contents of the article without any equivocation” its re-production without his permission was “in flagrant violation of the Copyright and Neighbouring Rights Act (26:05) under which the legal copyright and ownership of the article" rests with him.
However, the newspaper has continued to run the articles resulting in Moyo going to the courts claiming his rights were being infringed. The court action cites the Associated Newspapers of Zimbabwe, publishers of the Daily News, and managing editor John Gambanga as first and second respondents respectively.
“The second defendant has caused the first defendant to sell or by way of trade offer or expose for sale or dispute in Zimbabwe copies of the offending works to such an extent that the plaintiff is prejudicially affected,” Moyo’s lawyers Hussein Ranchod and Co said in court papers.
The lawyers also said Moyo wants “all copies of the works in the defendant’s possessions returned” forthwith.
ANZ has said it will defend itself in the lawsuit, which comes just two weeks after the paper re-launched after being off the streets for about seven years. The newspaper re-launched on March 18.
Moyo was information minister when the government enacted the Access to Information and Protection of Privacy Act (AIPPA) under which the Daily News and three other independent papers were closed in 2003. The Daily News also had its printing press bombed in February 2002 and those responsible were never caught.
Moyo fell out of favour with the Zanu PF hierarchy in 2004 and was fired from the party and government the following year after he stood for parliament as an independent candidate.
He has since rejoined the party and was elevated to its supreme decision-making organ, the Politburo, at a conference held in the eastern border city of Mutare last December.