Moyo wins defamation suit against Nkomo

Cde John Nkomo, over a statement he allegedly made at a Tsholotsho District Co-ordinating Committee meeting in 2005.
However, Cde Moyo will bear some costs of the suit.
He had initially jointly sued Cde Nkomo, who is now Zimbabwe’s Vice President, and former Politburo member Dr Dumiso Dabengwa for Z$2 billion.
Prof Moyo decided to drop the claim against Dr Dabengwa midway through the trial, which has lasted two years.
Cde Nkomo told the DCC meeting that a Dinyane High School prize-giving ceremony on November 18, 2005 was preparation for a “smart coup” orchestrated by Cde Moyo.
High Court judge Justice Francis Bere said it would be an abuse of the justice system if Cde Moyo was let off the hook without bearing the costs of the case against Dr Dabengwa.
Justice Bere — who is now based in Harare — found that Cde Moyo’s witnesses were credible and that despite having been subjected to lengthy cross-examinations by Cde Nko-mo’s legal practitioner, Mr Francis Chirimuuta of Chiri-muuta and Company, they stuck to their story.
The judge noted that the trial involved two senior Zanu-PF officials and Cde Moyo’s witnesses had testified without fear that Cde Nkomo, a senior figure, had spoken ill of Cde Moyo.
While ruling that Prof Moyo had been defamed, Justice Bere noted that no evidence had been led to show that his image was internationally battered as only local media carried the reports.
“Political life is a hazardous exercise. It is no easy walk. It can be dirty at times and those who opt for it must appreciate that by doing so they are voluntarily assuming certain risks.
“In an effort to compete in the same political space there is bound to be a lot of fighting in politics.
“Political foes are always competing for recognition and it is not unusual that in this vicious competition for political space day in and day out, politicians are busy defaming each other.
“Those are part of the hazards of the journey in politics,” said Justice Bere.
He said the courts did not want to settle political disputes and politicians must learn to resolve their differences.
“Real politicians are in a special category when it comes to defamation suits…
“Political defamation must be treated differently from ordinary forms of defamation.
“It would appear the conflict was really nothing, but an indulgence in acrobatic political wits.
“Defendant wanted to tilt the balance of power and popularity to him against the complainant whose growing political stature in Tsholotsho appeared to have caused so much discomfort to his rivals.
“Defamation must be seen in that context.”
Reacting to the judgment, Cde Nkomo said it was a political statement.
He said he was waiting for a copy of the judgment so that “he can map out the next move”.
On his contention that the judgment was a political statement, Cde Nkomo said: “This is prompted by statements like ‘these people were courageous to speak in support of plaintiff without fear of the senior leadership that was in the dock’.
“On the other hand the judge says the chairman of the province, Cde Headman Moyo, was a beneficiary after the suspension of Cde Jacob Mudenda but refuses to accept that Cde Moyo was elected into the chairmanship of the province and hence the reason he chaired the Tsholotsho DCC meeting,” said VP Nkomo.
He said it had taken six years to finalise the case with the parties having submitted their closing submissions in 2007.
He further notes that there have been two postponements of the handing down of the judgment and that in each case he was given less than 24 hours notice to that effect.
“Judgment was supposed to be handed down at 10am on Tuesday this week but I was only informed at around 3pm that it had been deferred to yesterday at 10am.
“I was only informed that it would be handed down at 2.30pm when I was already on my way to court this morning.
“There seemed to be no worry that I have other programmes and even State engagements.
“These are some of the issues that I will look into once I receive my written judgment,” he said.
Mr Job Sibanda, of Job Sibanda and Associates, represented Cde Moyo in the matter.