Town Clerk wins defamation lawsuit

Patrick Chitumba Victoria Falls Reporter
ACTING Victoria Falls Town Clerk Mr Phillip Ndlovu has won a $10 000 defamation of character lawsuit against his subordinate and her husband, a security guard, leading to the attachment of the couple’s property by the Messenger of Court.
Mr Ndlovu had a default judgment granted in his favour by a Victoria Falls Civil Court against Mrs Sithembile Ncube (36) and her husband, Mr Stanford Ncube (40) for spreading false, baseless and malicious accusations against him.

Mrs Ncube works for the municipality as personal assistant to the Town Clerk while her husband is employed as a security guard at one of the tour and adventure companies in the resort town.
The couple has four children and wed in 2008.

Mr Ncube is said to have spread falsehoods that Mr Ndlovu was having an affair with his wife, which affair allegedly led to a child born from the association.

This was despite the fact that Mr Ndlovu informed him that this was not true.
“Despite our client informing you that this was not true, you persisted with these allegations even to the extent of phoning his workplace. Your conduct has greatly embarrassed our client and put a great strain on his marriage,” read part of the letter of demand from Mr Ndlovu through his lawyers, Cheda and Partners.

On the other hand, Mrs Ncube is said to have contributed to the defamation of Mr Ndlovu by keeping quiet despite being aware that there was no relationship between the two.

“In spite of you knowing that there was no relationship between you and our client you played a role in this character assassination by your deafening silence. Instead you have acted in a proactive and disrespectful way to our client’s wife,” wrote the lawyers.
Including Messenger of Court and other costs, the total amount which the Ncubes should pay stands at $11 107.

In this light, the Messenger of Court attached a lounge suite, double door fridge, 14-inch television set, Philibao decoder, a glass TV stand and fan, three-piece kitchen unit and two double beds with mattresses from House Number 4243 Chinotimba Township where the Ncubes reside.

If they fail to pay the money, the property will be sold through an auction.
In an interview yesterday, Mr Ncube accused Mr Ndlovu of unfairly winning the case since they had agreed to settle it out of court.
“I admit that I called Ndlovu accusing him of having an affair with my wife because I was angry. But we then met and decided to solve the matter out of court. Remember, this was a default judgment of which I regret not going to court. We had agreed with Mr Ndlovu that we settle the matter out of court. Our pastors from church were even praying for us, counselling us thinking that the matter was going to be settled out of court. To our surprise Ndlovu did not withdraw the matter from the court and he then won the matter by a default judgment,” said Mr Ncube.

He said while he had been suspecting his wife of having an affair with Mr Ndlovu, he had decided not to pursue the matter since he wanted to move on with his family.

“I went to South Africa in 2008 to look for work and that same year my wife told me that she had found employment at the council. We would visit each other until sometime in 2010 when she came for one night and returned to Zimbabwe. Two weeks later she told me that she was pregnant. At the same time I started hearing rumours that she was being unfaithful to me with her boss. I then came back here and looked for work so that I could be closer to my family and that’s when I made contact with Mr Ndlovu,” he said.

Mrs Ncube said she was shocked to see the Messenger of Court arriving at her house since she thought the matter had been settled out of court.

“Both sides had agreed to solve it outside the court and we thought that it was over but now this. We will try to engage our lawyer,” she said.
Mrs Ncube denied ever having a relationship with Mr Ndlovu, arguing that the rumours had been formulated by malicious people at her workplace.
“We never had any form of relationship and I am even ready to go for paternity tests,” she said.