In a landmark ruling, journalist Edmund Kudzayi has been ordered by the High Court to pay US$100,000 in defamation damages to lawyer and former opposition MP, Fadzayi Mahere. The ruling marks the largest defamation award in Zimbabwean history and stems from a 2022 lawsuit in which Mahere accused Kudzayi of publishing a defamatory story on his WhatsApp news platform, Kukurigo.
High Court judge Joel Mambara granted a default judgement against Kudzayi after his defence was struck out. The judge also ordered Kudzayi to pay the costs of the suit.
The judge ordered: “Whereupon, after reading documents filed of record and hearing counsel it is ordered that plaintiff’s claim be and is hereby granted. The defendant shall pay the plaintiff the sum of US$100,000 or the equivalent thereof in local currency at the rate of exchange prevailing at the time of payment. The defendant shall pay interest on the above amount at the prescribed rate namely 5 percent per annum from the date of service of summons to the date of payment. The defendant shall pay plaintiff’s costs of suit.”
Kudzayi has indicated his intention to appeal the judgement. In a statement, he accused Justice Neville Wamambo, who dealt with the matter in its earlier stages, of being a “criminal judge.” He further described Mahere as a “criminal practitioner who ought to be struck off.”
“Celebrations are premature. The substantive battle is yet to begin…,” Kudzayi wrote on Kukurigo, suggesting that he believes the legal battle is far from over.
Kudzayi accuses the High Court of twice reinstating Mahere’s lawsuit after it was struck off the roll, claiming that Mahere made misrepresentations to game the legal process. Mahere has denied these allegations.
The defamation case originated from allegations published by Kudzayi that Mahere was dating a married businessman, Tinashe Murapata, and that she was responsible for the collapse of Murapata’s marriage.
Mahere argued that the articles were designed to damage her personal and professional reputation, and were published without any attempt to verify the truth or consider the public interest.
Mahere’s lawyers argued: “In the article itself, it was confirmed that neither Ms. Mahere nor Mr. Murapata had confirmed any of the allegations set out in the article, and that ‘efforts to contract the estranged wife were unsuccessful.’ It is therefore clear that the author of the article made no attempt to establish the veracity of his claims, and had no direct sources for the claims made, and was relying simply on the hearsay of third parties.”
The lawyers further contended that Kudzayi published the allegations despite knowing that he had no reliable sources and had made no effort to confirm the information. This, they argued, demonstrated a clear intention to harm Mahere’s reputation.
The High Court’s decision to award such a substantial amount in damages underscores the seriousness with which it views defamation cases, particularly those involving journalists and public figures. The ruling serves as a reminder of the importance of responsible journalism and the need for journalists to verify their sources and ensure the accuracy of their reporting.
The case has drawn considerable attention in Zimbabwe, raising questions about the balance between freedom of the press and the protection of individual reputations. While journalists have a right to report on matters of public interest, they also have a responsibility to avoid publishing false and defamatory information.
The outcome of Kudzayi’s appeal will be closely watched, as it could have significant implications for the media landscape in Zimbabwe. The case highlights the potential legal risks faced by journalists and the importance of adhering to ethical standards of reporting.
For Mahere, the High Court’s ruling represents a significant victory in her efforts to protect her reputation and hold Kudzayi accountable for his actions. However, the legal battle is likely to continue as Kudzayi pursues his appeal.
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