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The boy was burnt to death in his parents’ house and Minister Biti communicated statements in Cabinet, to Prime Minister Morgan Tsvangirai and to the media, which Minister Mutasa felt had an effect of holding him responsible for the death.
Minister Mutasa argues that the statements were false, malicious and highly defamatory and that his good name and reputation had been tainted by the utterances.
Lawyers representing Minister Mutasa, GN Mlotshwa and Company on Monday issued summons claiming US$5 million for contumelia and defamation of character from Minister Biti.
In the application, Minister Mutasa indicated that he was internationally respected and that the utterances that were later published locally and internationally damaged his reputation and lowered his esteem in the eyes of the public.
“The plaintiff is internationally well-known and has an unimpeachable character.
“He is a well respected man by the local and international community.
“He participated in the liberation struggle and was imprisoned on political grounds many times during the period of colonialism.
“The defendant has struck on plaintiff’s professional reputation and good character.
“Plaintiff is greatly insulted, degraded and outraged by the accusations.
“Plaintiff’s dignity has been seriously impaired as people now believe or suspect that he is a killer of young innocent children,” read the summons.
The statements, according to Minister Mutasa, received widespread publication on the local and international media.
He said the publications were injurious to his good name reputation, social and political standing.
Minister Mutasa said the statements were firstly uttered in a Cabinet meeting on February 26 2013.
He claims that Minister Biti repeated the same statement outside Cabinet and to the media implicating Minister Mutasa in the murder.
Minister Biti reportedly repeated the same statements at the burial ceremony of the boy on February 28 in the presence of Prime Minister Tsvangirai as well as other senior Government and MDC-T officials.
Minister Mutasa believes that his fellow minister had no legal right to utter the statements complained of or to cause publication of the statements.
The summons were filed at the High Court on July 8 this year and Minister Biti is expected to file his opposing papers with the same court.
Minister Mutasa is claiming the US$5 million with interest calculated from the date of issuance of summons to the date of full payment.
Online Reporter