Harare – In a landmark ruling that has shaken Zimbabwe’s media landscape, the High Court has ordered the attachment of all Al Jazeera Media Network properties in Zimbabwe.
This dramatic action follows a US$2 million defamation lawsuit filed by Mehluli Dube, a source featured in the network’s controversial investigative documentary, “Gold Mafia.” The court’s decision to seize Al Jazeera’s assets underscores the gravity of the allegations and the legal battle ahead.
Dube, in his application before Justice Siyabona Musithu, argued that the documentary, which aired in four parts between March 23 and April 14, 2023, severely damaged his reputation. He specifically cited Episode 2, “Smoke and Mirrors,” which, he claims, falsely implicated him in gold smuggling activities, alleging he received US$3,000 monthly payments for facilitating illicit gold deals for one Kamlesh Pattini. The episode, he noted, garnered over 2.8 million views, significantly impacting his standing within his community, family, and professional circles.
The impact of the documentary’s wide reach, with over 12 million views across multiple platforms, is central to Dube’s claim. He argues that the damage is ongoing, as the documentary remains accessible online and has been widely circulated by third parties. Despite attempts to resolve the matter amicably, including a letter of demand sent to Al Jazeera, the parties failed to reach an agreement, leading to the legal action.
Dube’s application focused on establishing the court’s jurisdiction over Al Jazeera, a foreign company. He highlighted Al Jazeera’s presence in Zimbabwe, specifically referencing their bureau office at the Rainbow Towers Hotel in Harare. He described the office as containing various items of trade, including laptops, computers, printers, and state-of-the-art cameras, which he sought to have attached as security for the US$2 million claim.
Al Jazeera, in a responding affidavit from Philip Rees, Director of Investigative Journalism, confirmed the presence of a sublet office at the Rainbow Towers, used as an editorial space by its employees. Rees acknowledged that employees possess laptops and cameras used for their work, but argued these were tools of trade, frequently moved both domestically and internationally. Al Jazeera also acknowledged the existence of properties in Harare, The Grange and Milton Park, but maintained these were owned by employees, not the network itself.
Justice Musithu, in his judgment, carefully considered the competing arguments. He acknowledged the need to balance freedom of expression and the media with the protection of individual reputations. However, the judge found that the alleged defamatory statements, which Al Jazeera did not dispute, established a prima facie case. He stated that if these statements prove false, the court will then consider Al Jazeera’s available defences.
The judge’s decision to grant the attachment order is significant. He reasoned that it is in the public interest to test the veracity of the allegations made in the documentary, given its wide public interest. He noted that the existence of Al Jazeera’s equipment at the Rainbow Towers office was not disputed.
The judge’s ruling specifically limits the attachment order to the equipment located at the Rainbow Towers office, excluding any equipment that might be at the residences of Al Jazeera employees. No connection, he explained, was established between any such equipment and the respondent.
The court’s order, therefore, directs the Sheriff to seize and hold Al Jazeera’s laptops, computers, printers, cameras, and photographic equipment located at its Rainbow Towers bureau office.
