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Fidelis Munyoro Harare Bureau
THE High Court yesterday dismissed with costs Vice President Phelekezela Mphoko’s $50 million claim against Associated Newspapers of Zimbabwe (ANZ), the publisher of The Daily News, over a report claiming that he was “a sellout” and “enriched himself with the blood of the people of this country”.
VP Mphoko had sued the paper arguing the article was defamatory and had demanded $50 million compensation from the paper for libel.
The VP lost his case by virtue of failing to appear in the High Court for the pre-trial conference as required by the law.
Justice Joseph Musakwa threw out the claim with costs after ANZ lawyer Alec Muchadehama applied for the dismissal of the claim.
“We applied for the dismissal of his case and his claim was thrown out with costs,” said Muchadehama.
VP Mphoko, who was out of town, had sent a principal director from his office, but this did not help matters because he was supposed to appear in person.
In terms of the court rules, if a party does not appear in person before a judge on the appointed date of the pre-trial conference, the other party may apply for the dismissal of case.
“The rules provide that a party who has been notified to attend a pretrial conference must appear himself at the pretrial conference. In this case (VP) Mphoko’s proxy Ndlovu was a stranger to the case,” said Muchadehama.
Gerald Mlotshwa of GN Mlotshwa and Company, who represents VP Mphoko, argued that his client was committed elsewhere on State business.
But Justice Musakwa insisted that court business took precedence over anything else.
Mlotshwa said he would file an urgent application to have the matter reinstated.
A fortnight ago, VP Mphoko made an application for a $50 million default order against the ANZ after The Daily News chief reporter Fungi Kwaramba, editor-in-chief Stanley Gama and their lawyer failed to attend the pre-trial conference.
Mlotshwa successfully applied to have all the defendants’ pleas to be struck out.
However, the judge later realised an anomaly and called the parties involved in the matter to his chambers before he reinstated the pleas.
VP Mphoko’s claim arose from a June 5, 2015, article published under the headline: “Mphoko was a sellout: Sibanda”.
It was quoting the former war veterans leader, Jabulani Sibanda.
The article complained of said in part: “Fearless former war veterans’ leader Jabulani Sibanda claims that VP Mphoko sold out during the liberation struggle when he allegedly diverted weapons meant for the late Joshua Nkomo’s Zapu to President Mugabe’s Zanu-PF, a move he says could have led to the needless death of thousands of people.”
In his claim, VP Mphoko argued that he was branded a treasonous villain who for his own benefit clandestinely supplied apartheid South Africa with war material that was in turn supplied to Selous Scouts.
Selous Scouts were a Special Forces regiment of the Rhodesian army formed for specific purposes of clandestine elimination of Zanla and Zipra guerillas during the liberation war.
VP Mphoko’s lawyer also asked for the article to be deleted from The Daily News website to prevent further damage to his reputation.
Online Reporter