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Innocent Ruwende and Samantha Chigogo
The decision by zanu-pf national political commissar Cde Saviour Kasukuwere to sue Zimbabwe Newspapers (1980) Ltd on the alleged Chishawasha B stands saga while leaving other publications that carried stories on the same issue smacks of a sinister motive bent on silencing newspapers under the
stable, analysts and legal experts have said.
Cde Kasukuwere, who is also the Minister of Local Government, Pubic Works and National Housing contends that the stories published in The Herald and The Sunday Mail editions were false and highly defamatory of him.
To that end, the minister listed as defendants The Herald editor Caesar Zvayi and The Sunday Mail editor Mabasa Sasa.
He also cited three Herald reporters, Felex Share, Tendai Mugabe and Praise Bvumbamera, as defendants in the $7 million suit filed at the High Court by his lawyers Chambati, Mataka and Makonese Attorneys at Law.
Harare lawyer Mr Tendai Toto said Cde Kasukuwere’s lawsuit was defective in the sense that it is clear he was targeting a soft victim in a matter that was extensively covered by media houses in the country.
“In this case, it may as well be that Minister Kasukuwere is pursuing the soft spot defendant in a purposeful litigation,” he said.
“This can be meant to achieve the purpose of intimidation and or silencing the media house from practicing informative and accountable journalism. It is sad and painful for zanu-pf, as the governing party, that Minister Kasukuwere is suing a public media house ahead of other media houses that published the same set of facts and story.
“The exercise of the freedom of choice depends on legal principle, easy target and or soft spot defendant, affordability and capability by defendant to pay the debt or damages, purposeful litigation among other factors.”
Lawyer Mr Obert Gutu said the decision to sue one newspaper when several publications carried the same story showed that the minister had sinister motives.
“If I was his lawyer and I decide to sue for defamation, I would sue all the publications which carried the defamatory article,” he said.
“The moment you choose to sue A or B, you will have problems in court. The minister might have a sinister motive.
“I have handled many high profile matters including the famous Baba Jukwa case against Zimpapers. The best way is to include everyone who carried the defaming story. I would not know why his lawyers picked only Zimpapers.”
Political analyst Mr Maxwell Saungweme said: “I think this lawsuit is a case of sour grapes. It appears zanu-pf officials and ministers have been made to believe that the state media, including The Herald, are their mouthpiece, hence should cover up for their alleged misdeeds.
“State media, just like private media, have a watchdog role. They have an obligation to say the truth. They have to account to the readers, the taxpayers not public officials. That is wrong. His lawsuits are a hopeless attempt to cow and influence the media. That is not acceptable in a democracy. The media must be protected from such political hawkish behaviour. Media has a watchdog and voice of voiceless role. This must be understood by any public official who swore to uphold our constitution.”
Another analyst who requested anonymity said Minister Kasukuwere’s actions were absurd as there were other pressing issues that he could pursue as a Cabinet Minister and national political commissar of a ruling party.
“He is reducing his profile and his actions somehow confirms his murky relationship with the private media because, if it was a genuine case of defamation, there was no way he was going to leave them out of the suit as they equally wrote stories implicating him in the Chishawasha B saga.
“It can also be a matter of one concentrating on one stable because litigation is an expensive endeavour and he would be required to file a separate case(s) for the other media,” he said.
Online Reporter