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Tsvangirai hit with $50 billion defamation suit
By Lebo
Nkatazo
ZIMBABWE'S main opposition Movement for Democratic Change (MDC) party
leader Morgan Tsvangirai has been hit with a $50 billion group defamation
lawsuit brought by five of his most senior colleagues.
The five officials -- Gibson Sibanda (Vice president), Welshman Ncube (Secretary general), Fletcher Dulini (Treasurer), Gift Chimanikire (Deputy secretary general) and Paul Themba Nyathi (Information and publicity secretary) -- say Tsvangirai defamed them when he claimed to foreign diplomats that they were plotting to harm him in collusion with Zanu PF.
Addressing diplomats on December 20, Tsvangirai described some of his colleagues as "simply a minority in leadership positions, tired of the democratic struggle and ready to strike a diabolical deal with Zanu PF against the clear and better judgment of the people."
He was briefing foreign diplomats on differences with some of his colleagues which have caused a split within the party into two camps. The split was hastened by irreconilable differences over whether to field candidates or boycott senatorial elections last November.
After the party's national council voted by a majority to participate in the elections, Tsvangirai vetoed the outcome and refused to back participation to the rising indignation of his colleagues who have labelled him a "dictator".
“The five plaintiffs are claiming $10 billion each and the lawsuit is based on statements that Tsvangirai allegedly uttered while addressing a gathering of diplomats on or about December 20 2005,” said Nicholas Mathonsi of Coghlan and Welsh Legal Practitioners representing the five.
The full text of Tsvangirai's address to the diplomats was reproduced on New Zimbabwe.com. Although he did not name his colleagues, international media reports directly linked his utterances to Sibanda and his colleagues.
The five officials' lawyers have singled out a report authored by Zimbabwean journalist, Basildon Peta, in the South African Star newspaper, which ran under the headline "My Henchmen plotted my death — Tsvangirai".
The lawyers, in papers before the High Court, state: “On or about the 21st of December 2005, the Star Newspaper of South Africa published an article on page 3 of that day’s edition under the title ‘My Henchmen plotted my death — Tsvangirai’” and was authored by Basildon Peta.
“The said newspaper is widely distributed worldwide including Zimbabwe and has an online publication on the internet and is widely read by the general public both internationally and within Zimbabwe.
“. . . it is stated of the plaintiffs that they are plotting to kill him so that their faction could reach a unity accord with the Government and get positions in the Cabinet. They had entered into a secret political pact with Zanu-PF for the cohabitation after the demise of MDC.
“They wanted to weaken the MDC by destroying his leadership. They participated in the senatorial elections in Zimbabwe in order to give themselves new credentials as the ‘reasonable element’ within the MDC thereby enhancing their political understanding with Zanu-PF. They had connived with Zanu-PF to kill him and remove him as a stumbling block to their schemes.
"Defendant is the sole source of the story and is quoted as stating 'we have irrefutable evidence that our erstwhile colleagues entered into a secret political pact with Zanu PF for a cohabitation project on a post-MDC political dispensation.
"......the statement and indeed the entire story was wrongful and defamatory of the complainants and was intended to be and was understood by the readers of the newspaper as implying that the complainants were criminals who plotted to kill their colleague, unworthy politicians who betray the cause of their party and the trust of the party members who put them in positions of authority to represent and lead them, dishonest, underhand and corrupt politicians who conduct themselves in a manner unworthy of reputable men of their status.
"As
a result of the publication of the false, wrongful and patently defamatory
article, the plaintiffs have suffered in their good names and reputation
and have each sustained damages in the sums of $10 billion."
......................................................................................................................
THE
WORDS THAT COULD PROVE COSTLY FOR TSVANGIRAI
(extract from his address to foreign diplomats)
"Your Excellencies let now me take you into my confidence, but I am sorry I cannot reveal any more specific details than I am going to give you.
It is now quite clear to all that what had seemed to us as a genuine difference in political strategy over the senate issue turned out to be much more sinister development than originally appeared to be the case. The strategy was to weaken the party, destroy the leadership, give themselves new credentials as the so-called reasonable elements within the MDC and thereby enhance their political understanding with ZANU PF. This was supposed to result in the demise of the MDC as the democratic fighting force that it is today.
Your Excellencies, we have irrefutable evidence that our erstwhile colleagues had entered into a secret political pact with ZANU PF for a co-habitation political project in an expected post-MDC political dispensation.
As an initial demonstration of their good faith, sincerity and reliability as the new partners to ZANU PF, they had to take part in the senate elections. Subsequent strategies included the removal of those in the leadership considered by ZANU PF to be stumbling blocks, alter the central focus and policies of the MDC, compromise its values to resonate with those of ZANU PF and pave the way for a second Unity Accord.
We are fully briefed and painfully aware of the extent to which ZANU PF is the dynamic force behind the destabilization of the MDC. Our erstwhile colleagues are not reading from an independent script. They are not free agents or autonomous operators. Instead, they are ZANU PF's fifth column inside the MDC. We are aware of the level of logistical support and the quantities of material assistance that ZANU PF is providing to our erstwhile colleagues.
In the past few days it has been brought to our attention by reliable and impeccable sources that the turbulence within our party over the past eight or so weeks was also designed to create a convenient opportunity and circumstances in which some in the leadership, including the MDC President are to be harmed and even physically eliminated, and the heinous crime blamed on intra-MDC conflict. This project is still very much alive and active.
Your Excellencies
will recall that only a few days ago, on December 12, 2005, the Quarter
Master General of the Zimbabwe National Army, a certain Major-General
Chedondo, when addressing crack troops in Gweru, was captured on Zimbabwe
TV referring to me as National Enemy No.1. It is well known that in
military practice there is only one way to deal with those identified
as enemies of state-----that is physical elimination. We take
that announcement as an open intention to do grievous harm.
The leadership squabbles within the MDC must therefore seen in the context
of the succession dilemma within ZANU PF. Tragically some of our
former colleagues have chosen to be foot soldiers in this strategy.
In this regard, both the party and its leadership face grave danger
in the months ahead."
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