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Yeukai Karengezeka,Court Correspondent
Norton legislator Temba Mliswa must now defend a $1 million defamation suit launched by Chivi South legislator and president of the Cross Border Traders Association Killer Zivhu after High Court judge Justice Helena Charewa reversed a default judgment on a procedural matter in favour of Mliswa.
Zivhu sued Mliswa for alleging that he was “a thief and a corrupt individual” on his Twitter account, but another High Court judge Justice Tawanda Chitapi had initially granted a default judgment in favour of Mliswa, who had argued that Zivhu’s suit was flawed.
In the latest twist to the case, Justice Charewa also issued an order compelling Mliswa to consent with her determination or risk being hit with costs on a higher scale if he chooses to oppose Zivhu’s application for rescission of the default judgment and loses that stage.
Mliswa is being represented by Mr Marufu Mandevere in the matter.
Zivhu filed the original lawsuit after Mliswa in October last year, allegedly tweeted on his personal Twitter account that Zivhu was “a thief and a corrupt individual”.
According to Zivhu, Mliswa, who operates a Twitter account under the name “Hon. Temba P. Mliswa @TembaMliswa”, had since April 25, 2017 to October last year, when summons were issued, been using the social media platform to tweet defamatory statements against him.
However, after receiving the summons Mliswa, filed an appearance to defend and also filed a special plea in support of his defence which has since been reversed by the court.
Prior to this, Mliswa had also sought to have Zivhu’s application dismissed for want of prosecution, but this was turned down by another judge Justice Christopher Dube-Banda.
Online Reporter