Tuesday, 23 November 2021

SOCIAL MEDIA POST JUSTIFIED : WOMAN FIGHTS US$150K LAWSUIT

A woman recently slapped with a US$150 000 lawsuit for alleged defamation by her ex-husband has contested the action calling for proof.

Litchel Mandiveyi who stands accused of allegedly insulting her ex-lover Adlai and his new wife Natalie Pazvakavambwa calling them ‘a monster’ and ‘a thief’ has entered her notice to defend the summons.

In her plea, Mandiveyi claims Adlai Pazvavakavambwa is neither an established nor a successful businessman that he should demand compensation for being publicly humiliated.

“Adlai has subjected Mandiveyi to torture and emotional distress, she was the custodian parent and was deceived by the couple.

“It is disputed that Adlai is an established and successful businessman and owner of many successful businesses in Zimbabwe.

“Mandiveyi denies that she had the intention to defame both Adlai and Natalie.

“The statements referred to were made after the couple provoked Mandiveyi,” wrote Mandiveyi in her papers.

She also claims that she was influenced to give up sole custody of their minor child.

“Adlai was only allowed reasonable access which included 14 continuous days during school holidays.

“The minor child was taken by Adlai in exercise of his access rights but he threatened me that I would not see the child again before he unduly influenced me to sign a ‘joint custody agreement’,” continued Mandiveyi.

Mandiveyi also argues that her social media posts were justified.

“The statements are not fabrications, there is justification in the circumstances.

“It is denied that Mandiveyi’s statements were false, scandalous, malicious and extremely defamatory.

“Mandiveyi removed the Facebook posts before many people could see the post. The statement also appeared only to her Facebook friends and not all of them saw the statement,” argued Mandiveyi.

The alleged defaming social media post read;

“Little did I know that an evil plan was already hatched to steal you away. I asked myself what sort of a monster steals a then seven-year-old from their mother.

“Adlai Pazvakavambwa and your wife Natalie, if there is any humanity left in you…

“It was us against the world my son until the devil came to kill, steal and destroy.

“I pray that his vengeance and wrath be brought upon those that are responsible for our anguish.

“May all the lies come back to them, may all the pain caused be returned to sender,” reads the alleged post.

In his summons, Adlai and Natalie claim their integrity and reputation was attacked and were subjected to social condemnation.  For the alleged action, the couple is demanding US$100 000 and US$50 000 respectively. H Metro

 

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