Online Reporter
Chief Court Reporter
THE civil trial of Harare lawyer Tendai Biti, who faces a US$1 million defamation lawsuit filed by Augur Investments and its executives, has been postponed to June 24.
This follows Biti’s filing of a notice seeking referral of the matter to the Constitutional Court. The High Court had earlier issued a default judgment against Biti, setting the stage for the defamation trial to commence in 2023.
Aggrieved by the ruling, Biti sought condonation for the late filing of his heads of argument and simultaneously sought the reversal of the default judgment. Both attempts were dismissed, prompting him to approach the Supreme Court. However, the Supreme Court bench dismissed his appeal.
Biti is being sued by Kenneth Raydon Sharpe, Tatiana Aleshina, and Augur Investments, who collectively allege defamation.
Augur Investments is claiming US$500 000 in damages, Sharpe US$400 000, while Aleshina is demanding US$100 000.
He is represented by Professor Lovemore Madhuku, while the applicants are represented by Advocate Thembinkosi Magwaliba.
In submissions before presiding judge, Justice Tawanda Chitapi, Professor Madhuku undertook to file Biti’s application by June 2, with Advocate Magwaliba expected to respond by June 9. Oral arguments are scheduled for June 24.
In an earlier ruling, Justice Gladys Mhuri of the Harare High Court rejected Biti’s bid for condonation, finding his explanation for the late filing unsatisfactory.
Justice Mhuri noted that Biti had ample time to respond to the default judgment but failed to act within the prescribed timeframe.
The judgment in question was delivered on March 1, 2023, while Biti filed his application three months later, in June. The court deemed this delay inordinate and his explanation inadequate.
Justice Mhuri further observed that Biti, as a senior legal practitioner, was well aware of procedural requirements.
She emphasised that his decision to appeal a default judgment, rather than seeking its rescission, demonstrated a misstep unbecoming of a seasoned legal professional.
The justice remarked that even the legal practitioners representing Biti at the Supreme Court should have been cognisant of this procedural impropriety.
The defamation suit arises from allegations that Biti publicly described Sharpe as one of the most corrupt individuals plundering Zimbabwe’s resources.
