By Mary Truvinga
ZANU PF Chivi South legislator, Killer Zivhu who lost an RTGS$1 million defamation claim against Independent Norton MP, Temba Mliswa is seeking reversal of the judgment by High Court Judge Tawanda Chitapi arguing that it was reached at erroneously.
Zivhu accuses Mliswa of labeling him “a thief and a corrupt individual” on Twitter but Justice Chitapi dismissed his application with costs after Mliswa entered a special plea.
Following the dismissal of his application last week, Zivhu has approached the upper court again seeking recession of the judgment.
“This (an) application is for recession of default judgment in terms of rule 449 of the High Court rules 1971 entered against me.
“I am further advised that in order for me to prosecute my claim in this court on the merits in case HC 8987/1, I must seek recession of the default judgment erroneously obtained by the respondent therein,” Zivhu prayed.
“Further advice from my legal practitioners is to the effect that the relevant consideration in an application of this nature is that the judgment or order should have been erroneously sought or erroneously granted in the absence of the party affected by the same.”
Through his lawyers, Machiridza Commercial Law Chambers, Zivhu, who is president of the Cross-Border Traders’ Association and the chairman of the Zimbabwe Amalgamated Housing Association (ZAHA), filed summons at the High Court on October 2, 2018.
According to Zivhu, Mliswa, whose Twitter handle “Hon. Temba P. Mliswa @TembaMliswa”, has since April 25, 2017 to date been using the social media platform to tweet defamatory statements against him, insinuating that he is a thief and a corrupt individual.
“The defendant’s Twitter account is widely viewed as he has a large number of followers and these particular tweets have been retweeted by other twitter users, thereby further broadening the viewership of these defamatory tweets and allegations. Printouts of the mentioned tweets and published articles are hereby attached.
Zivhu further argues that several articles have been published on several news websites using Mliswa’s tweets as source.
The Chivi South legislator said he, together with his organisation ZAHA, have been reported to different police stations, Criminal Investigation Department (CID) Fraud section, the Zimbabwe Anti-Corruption Commission (Zacc), former President Robert Mugabe, army and various government departments by Mliswa, to cause his arrest, but no action has yet been taken.
Zivhu said damage is continuing because the articles are still available on internet.