Headmaster, SDC chairman sue teachers for defamation

“defamatory” statements.
Mukombami High School head Mr Samuel Makara is claiming US$9 000 while the former SDC chairman, Mr Lolus Hepi Tsonziwa, is claiming US$7 000 as damages.
During a pre-trial conference conducted this week at the High Court, the teachers offered to pay US$10 each as damages and a verbal apology if the matter was to be settled without trial, but the plaintiffs refused.
Justice Ben Hlatshwayo referred the matter to trial on a date yet to be announced. When the lawsuit was filed last year, 16 teachers were cited as respondents before five of them were dropped from the case. According to the summons filed at the High Court, the teachers wrote to the provincial education director in Marondera.
The same letter was copied to head office in Harare and to the legislator for the area Cde Paddington Zhanda.
The letter accused Mr Makara and Mr Tsonziwa of embezzling money to an extent of opening a private school account with CABS in which they were signatories. According to the letter in question, the teachers had reported the alleged case to the police in Murehwa, but they were not happy with the manner in which it was being handled.
The letter accused Mr Makara of intimidating teachers by the use of unsavoury language.
“Sir, there is a serious case of embezzlement of public funds by our headmaster, Mr S. Makara, and there is tangible evidence on the ground.
“We have taken up the matter with CID Murehwa and since the case is sub judice, we do not know what your office can do to get the CID office to expedite the matter . . . ” read part of the letter.
Mr Makara and Mr Tsonziwa argue that the statements were false and had an effect of injuring their reputation.
In their defence, the 11 said the headmaster was truly abusive and that several parents, pupils and teachers had grievances against him.
They also argue that the headmaster had not been prudent with the school funds. The letter, according to the teachers, only narrated the problems facing the school. It is the duty of the trial court to establish whether or not the letter defamed the two.
The same court is also expected to find out whether the plaintiffs suffered any prejudice as a result of the letter.

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