Online Reporter
Fidelis Munyoro-Chief Court Reporter
BUSINESSMAN Bruno Fungayi Takawira emerged victorious in a landmark defamation battle after the High Court ordered Feng Guo and Hwange Coal Gasification Company to pay him US$500 000 in damages for publishing allegations that falsely linked him to the theft, sale and smuggling of coke.
The court found that the accusations had unjustly tarnished Mr Takawira’s name, exposing him to public ridicule, suspicion and reputational harm within business circles.
Justice Tawanda Chitapi granted default judgment against the defendants (Feng Guo and Hwange Coal Gasification Company) after they failed to enter an appearance to defend the action and ordered them to pay the damages jointly and severally, with interest and costs of suit.
Mr Takawira had sued for US$5 million after a letter issued on the company’s letterhead alleged that about 1 400 tonnes of coke stolen from the company’s plant had been stockpiled at his premises and were destined for sale within Zimbabwe or Zambia.
The letter, addressed to the Zimbabwe Revenue Authority and copied to several authorities, including the Zimbabwe Anti-Corruption Commission and police officers, stated that the company had information linking Mr Takawira to the consignment.
In his ruling, Justice Chitapi said the contents of the letter damaged Mr Takawira’s reputation.
“The article self-evidently impugns the character of the plaintiff (Takawira),” the judge said.
“It portrays the plaintiff as an accomplice of one Lisa Maropafadzo and her ‘thugs’ or assailants who unlawfully removed 1 400 tonnes of coke from the second defendant’s plant.”
The court found that the publication portrayed Mr Takawira as a thief and smuggler and linked him to criminal conduct without verification of the allegations.
Justice Chitapi said the defendants acted with malice and recklessness when they published the claims.
“The defendants were reckless because they did not investigate or verify the facts of the plaintiff’s involvement before labelling him a thief and smuggler,” he said.
The judge noted that Mr Takawira described himself as a marketing consultant whose reputation was central to his business activities and said the allegations were directed to institutions responsible for crime investigations and tax administration.
The court also took note of an earlier High Court ruling involving the same letter, in which the company had been ordered to retract it.
Justice Chitapi said the failure to withdraw the publication after that ruling counted against the defendants.
Charles Duri