Moyo judge requests copy of Zanu PF constitution

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By Lindie Whiz

A JUDGE has delayed delivering judgment in Professor Jonathan Moyo’s Z$100 billion defamation case after requesting to see a copy of the Zanu PF constitution, New Zimbabwe.com was told Wednesday.

Moyo, the sitting Tsholotsho MP and former information minister, is suing Zanu PF national chairman John Nkomo for defamation.

Closing arguments in the case were heard in September last year, and judgment was expected in December. However, Nkomo’s lawyer delayed submitting his written arguments, forcing Justice Francis Bere, sitting at the Bulawayo High Court, to postpone judgment to January.

Moyo is represented by Bulawayo lawyer, Job Sibanda, while Nkomo’s defence team is led by Harare lawyer, Francis Chirimuuta.

Moyo, who won the Tsholotsho seat as a independent after being suspended by Zanu PF, filed a Z$2 billion lawsuit against Nkomo, and former defence minister Dumiso Dabengwa, claiming defamation over statements the two politicians made during a Tsholotsho district Zanu PF meeting in February 2005.

Moyo later dropped his action against Dabengwa, and revised the suit against Nkomo to Z$100 billion in view of inflation.

In the original summons filed at the Bulawayo High Court, Moyo charged that Dabengwa and Nkomo had told Zanu PF supporters that he plotted a coup against President Robert Mugabe. Moyo insists that was a lie.

The summons stated: "On the 12th of January 2005, both defendants addressed a public meeting in Tsholotsho where both Nkomo and Dabengwa said of and concerning Prof Moyo words to the following effect:

"That Prof Moyo had instigated, funded and led the hatching of a coup plot against President Robert Mugabe and others in the top leadership of the Zanu PF party, with the view of removing the national leadership of the government."

Moyo also says that the two officials had alleged the existence of a document now referred to as the Tsholotsho Declaration, and that Moyo had sourced money from unfriendly foreign governments which he was now distributing in Zimbabwe.

"The statements by Nkomo and Dabengwa of and concerning Prof Moyo were false, wrongful, unlawful and highly defamatory of Prof Moyo," the summons said.

In their defence, Nkomo and Dabengwa denied having said the defamatory words, thus putting Prof Moyo to the proof of his allegations.

Moyo’s lawyers argued that Nkomo and Dabengwa may not deny and avoid as to do so, as they did, was "clearly improper".

Sibanda further averred that if the court held that Nkomo and Dabengwa had uttered the words, which they deny, then the words complained of were true and for public benefit.

Nkomo’s lawyer insists that apart from not making the said allegations, the meeting was not “public”.

Sibanda said: "A meeting does not cease to be public merely or only because the attendants belong to the same party. Members of the same party constitute a section of the public. Where they congregate in a hall, such as is the case, to discuss party issues, they are in fact doing a private thing in public.”

Sibanda said Nkomo did not impress as a witness adding that in general, he was belligerent and hostile towards Prof Moyo for no apparent reason.
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