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Online Reporter
MUSICIAN Fred Farai Nyakudanga has launched an appeal to the High Court to rescind the order recently awarded by the courts which ordered him to pay Zimbabwe Music Rights Association (Zimura) executive director Polisile Ncube-Chimhini US$ 20,000 in damages.
The order was awarded to the executive director of the Zimbabwe Music Rights Association (Zimura) for defamation and injury to dignity. However, Nyakudanga has argued that the judgement was reached without his defence submissions as the summons meant to reach him were delivered to the wrong address.
“Polisile Ncube filed summons against me, but the return of service described a non-existent maroon gate at my property. The Sheriff’s statement confirmed they served the summons at the wrong address.
“Unaware of the court proceeding, I didn’t participate. A USD 20,000 order was granted against me, violating my rights. I felt helpless, frustrated, and betrayed. As a member of the Zimbabwe Music Rights Association, I’ve been advocating for transparency and accountability. I seek fair distribution of intellectual property rights for myself and fellow artists.
“I’ve filed an application to rescind the order, but I’m not alone. Many vulnerable individuals face similar injustices. How can I pay USD 20,000 when I’m fighting for my rightful dues?” he said.
According to court papers, “On 3 April 2023, the defendant (Nyakudanga) wrote and published an article online entitled “General Licence Copyright Royalty Isn’t Zimura’s Money Alone”. This article was published on the Defendant’s personal blog
called “Finto Marketing” and the link was subsequently shared by the Defendant on Facebook.
“In the said article, the Defendant stated of and concerning the Plaintiff as follows: “Zimura is being run by an illegal Executive
Director who holds elected directors by the nose. Some of them deceased now fell to the tricks of this illegal executive, I hear this lady has a child with one of the past and late chairman. It seems all intellectual property knowledge is endowed in one person (the illegal executive).”
The lawyers of the Zimura boss argued that the statement was untrue.
“The said words, in the context of the article, are wrongful and defamatory of the plaintiff in diverse ways…” The lawyers said the statements were defamatory in that they lowered the Plaintiff (Ncube Chiminhi) in the esteem of reasonable ordinary members of the general public. They caused the Plaintiff to be shunned or avoided and exposed her to hatred, ridicule and contempt. They cast aspersions on her character, profession and office.
Online Reporter