Self-exiled politician Jonathan Moyo will now face a civil
trial in the case in which Vice President Constantino Chiwenga is claiming $5
million for defamation.
Both parties’ lawyers agreed to have the appeal filed by
Moyo at the Supreme Court withdrawn and proceed with the trial in the lower
court.
Moyo’s lawyer, Mr Sympathy Muzondiwa of Atherstone and Cook
yesterday notified the court of the latest development. However, Justice Ben Hlatshwayo sitting with Justices
Anne-Mary Gowora and Lavender Makoni — said the appeal could not be left
hanging and tossed it out.
Mr Muzondiwa told The Herald that: “The parties by consent
have withdrawn the appeal matter and are going back to the High Court to
proceed with the matter on the merits.”
Early this year, the High Court ruled that Moyo had a case
to answer in the $5 million suit and should face civil trial.
The civil suit stems from a Press statement issued by Moyo
in July 2017, insinuating that VP Chiwenga did not earn his doctorate degree
with the University of KwaZulu Natal, but instead, someone authored the thesis
on his behalf in fulfilment of the programme.
The statement was published on various media platforms,
portraying the VP as a dishonesty person who cheated to get the PhD
qualification.
Part of the Press statement deemed to be defamatory read:
“Finally, I’m happy that Chiwenga wants pre and post-independence disclosures
about who was who, who did what and so forth. That’s good.
“Meanwhile, I take that to mean he wants the disclosure of
who contributed what to his doctorate and who really wrote his KZN PhD. Again,
the Shona wisdom that kunyarara kurinani pane kutaura, (keeping quiet is better
than talking) applies. #Handeitione.”
VP Chiwenga, through his lawyers Messrs Manase and Manase
Legal Practitioners, argued that the statement was highly defamatory of him and
he is entitled to the damages.
The lawyers contend that the words were wrongful and that
Moyo only sought to soil his good name.
VP Chiwenga contends that the same words can be taken to
mean that he plagiarised and violated the research methods at the university,
which is an act of misconduct.
VP Chiwenga, who was the then military chief is a decorated
liberation war hero held in high esteem locally and regionally, suffered severe
damage to his reputation and moral standing, the lawyers argued.
To that end, the VP is claiming the $5 million plus
interest. He is also seeking an order for costs on a punitive scale against
Moyo.
Moyo had responded with an exception application, saying
the retired general’s declaration had not disclosed any cause of action.
He averred that the words VP Chiwenga was complaining about
were not defamatory in any way and could, under no circumstances, be damaging
to his reputation. Herald
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