FORMER Labour and Social Welfare minister Petronella
Kagonye, who was slapped with a $500 000 lawsuit for allegedly dumping a corpse
at a war veteran, Oswell Gwanzura’s premises in Goromonzi, has now been
absolved from the claim after the High Court upheld her exception to the
defamation claim.
Gwanzura approached the High Court last year seeking
compensation from Kagonye for defaming him by allegedly dumping the corpse of
one Taurai Jera at his residence after accusing him of murdering the deceased
in a politically-related incident.
But in response to Gwanzura’s claim, Kagonye, who is also
former Goromonzi South MP, requested for further particulars, inviting the war
veteran to prove his
freedom-fighting status as well as provide proof of where,
when and how he was so defamed.
Kagonye also filed an exception to the claim, saying
Gwanzura’s summons lacked the necessary averments to sustain the cause of
action so as to enable her to
plead.
“It is an axiomatic legal principle that the delict of
defamation must be based on statements or words uttered, be they oral or
written … What the plaintiff (Gwanzura) pleads as cause of action are ‘accusations of
murder’ and ‘the abandoning of a dead body at the plaintiff’s place of
residence’. It is pertinent and it must be accepted that a wrongful conduct cannot give
rise to a defamation lawsuit. Plaintiff is offside in that regard and has no
defamation cause of action against defendant (Kagonye),” the former minister said,
urging the court to rule in her favour.
After hearing the matter, High Court judge Justice Felistus
Chatukuta granted the order sought by Kagonye.
“Whereupon after reading documents filed of record and
hearing counsel, it is ordered that the exception be and is hereby granted,”
Justice Chatukuta said.
Prior to filing the exception, the ex-Zanu PF minister said
before she could respond to the lawsuit, she wanted Gwanzura to clarify how she
had fabricated the allegations of murder against him and how he came to know
of such fabrications.
Kagonye further said she wanted Gwanzura to clarify whether
he was present as well as state the date and day on which Jera’s corpse was
brought to his
residence by her father, Stanely, as claimed in his
summons. Newsday
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