Judgment in defamation case postponed

Harare High Court judge Justice Susan Mavhangira on 30 November 2011 postponed judgment sine die in the defamation case in which retired Colonel Claudius William Makova is claiming US $ 100 000 from the The Masvingo Mirror.

Cross examined by Makova’s lawyer, former editor of the weekly newspaper Golden Maunganidze on 30 November 2011 insisted that the story was an accurate account of what his investigations had revealed.

Quizzed on whether the words “stupid and greedy” did not in fact constitute defamatory remarks, Maunganidze said the words were not of his own making but had been quoted verbatim from one of the persons interviewed.

Asked whether he did not feel that the amount demanded was justified given the defamatory nature of the remarks made against the plaintiff, Maunganidze remarked that he did not think that the Colonel “deserved a single cent” as the story was balanced in his view.

After the cross examination, the judge then postponed judgment sine die. Mavhangira said ruling would only be made after submission of written submissions by both the plaintiff’s( Makova) lawyer and that of the defence on the 7th and 14th of December 2011 respectively.

She also gave the plaintiff’s lawyer until 19 December 2011 to furnish the court with their submissions in the event of them wishing to reply to the written submissions.

Background

The defamation charge arose from a story published in the newspaper on 3 July 2008 titled: Big war in Bikita. The story referred to Makova’s alleged interests in Bikita Minerals and that he was also allegedly behind certain acts of violence.

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