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Daniel Nemukuyu Senior Court Reporter
The High Court yesterday threw out the US$5 million defamation lawsuit filed by Mudzi South legislator Mr Jonathan Samukange against losing candidate Cde Eric Navaya.Mr Samukange filed the lawsuit arguing that Cde Navaya maliciously labelled him an MDC candidate during the election campaign period.
Cde Navaya lost the seat to Mr Samukange, who contested as an independent candidate, following his disqualification from standing as a Zanu-PF candidate in the July 31 harmonised elections.
Mr Samukange argued in the summons that Cde Navaya’s utterances were false and malicious and that he had never been a member of any political party other than Zanu-PF.
The statements, according to Mr Samukange, were damaging to his political and social reputation as in Mudzi, MDC is viewed and understood to be agents of imperialism and, therefore, an enemy to the electorate.
Justice Joseph Mafusire dismissed the case on the basis that the uttered words did not amount to defamation.
“In politics, people trade insults and the court does not feel that the cause of action was found in the case,” he said.
“Being called an MDC candidate cannot be viewed as defamatory and I dismiss the claim.”
The matter was on the unopposed court roll, but the court felt the order could not be granted.
Mr Samukange argued that Cde Navaya repeated the defamatory words on several functions throughout June and July this year. The first utterances, according to Mr Samukange, were made mid-June at Chikwizo Secondary School in Mudzi when Cde Navaya held a political campaign meeting.
From that day, it was alleged Cde Navaya uttered the same words on several occasions. Mr Samukange indicated in the papers that the “defamatory” statements were publicised and that he received several phone calls from people all over asking him about his political affiliation.
Mr Everson Samukange of Venturas and Samukange law firm acted for the legislator.
Online Reporter