Mugabe crony loses defamation case against paper

Mugabe crony loses defamation case against paper

• Daily News wins defamation suit against Moyo

• Judge offered farm to shut down Daily News

• Zim judge quits, goes into exile

• Zim jail threat for Daily News journos

• ANZ sues Moyo, Herald

• Moyo 'to fill jails with lying journalists'

• High Court orders police to quit Daily News

• Mugabe undermining judiciary

• Strive Masiyiwa, building of empire

• Police storm Daily News Press

• Judge gives Daily News green light

• Daily News publishes in Nigeria

• Masiyiwa vows to fight to 'last drop'

By Staff Reporter

IT has been a good week for press freedom in Zimbabwe!

President Robert Mugabe's crony and chief architect of his re-election in 2002, Registrar General Tobaiwa Mudede lost a defamation suit filed against the Zimbabwe Independent newspaper.

The defeat came just 24 hours after Mugabe's spin doctor Jonathan Moyo was ordered to pay $2,5 million and the state-run Herald newspaper $5 million after the banned Daily News filed for defamation following suggestions by Moyo that it was a "British intelligence" outfit.

Mudede tried unsuccessfully to sue the Independent after it published a story in 1999 alleging that he had benefited from a loan scheme by the now defunct United Merchant Bank.

Mudede had claimed $500 000, but Justice Sandra Mungwira said she had dismally failed to prove that he had been defamed, or that the story was incorrect, before dismissing the civil suit with costs.

In its story, the Independent reported that as the then director of UMB (part of the late Roger Boka's collapsed empire), Mudede was part of a group of 'big fish' who had received loans from the bank but whose names were missing from the "scam" list.

Mudede, the Independent said, was the recipient of a $20 000 loan.

The court also found there was evidence including that of Mudede that he received sums of money from the late Boka in circumstances that called for some explanation.

"It must always be borne in mind that the law of defamation seeks to balance two competing interests, namely the protection of reputation and the right to disseminate information . . . regard being to the right to freedom of speech and freedom to transmit information which are vital ingredients of a democratic society," she said.

The court was unable to conclude that the Zimbabwe Independent had reneged on their responsibility given the terms of reference of the media.

Justice Mungwira did not consider it necessary to deal with the defence raised by the weekly paper, in light of her findings.

The Zimbabwe Independent had argued that their report was not in any way defamatory as claimed by Mudede. Advocate Eric Morris represented the newspaper.
Additional reporting Herald
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