LOCAL filmmaker Hopewell Chin’ono has approached the Supreme Court to appeal against a High Court ruling which ordered him to pay $3 000 to Peter Pasipamire who provided comments for his documentary titled Pain In My Heart.
BY ALOIS VINGA
Pasipamire had approached the courts seeking to recover money Chin’ono had promised to pay him as a token of appreciation. High Court Judge Justice Susan Mavhangira, who presided over the case in 2013, ruled that based on the evidence, the plaintiff had established on the balance of probabilities that the parties had engaged in an oral agreement and ordered that Pasipamire be paid $3 000.
In his submissions for condonation for late noting of appeal and extension of time in which to appeal, Chin’ono argues that his then legal representative in the matter, Kantor and Immerman, had not notified him of the case outcome two years ago.
“On May 6 2015 I received the shock of my life when I saw an article in NewsDay to the effect that a writ of execution had been issued against me,” said Chin’ono.
“For a moment I thought I was daydreaming. I could not believe that my legal practitioners would not advise me that judgment had been handed down fully knowing that I had been waiting anxiously for the finalisation of this matter for the past two years.”
Chin’ono argues that payment of sources is not only unethical and unprofessional, but might also be construed as an influence on how participants might tell their story.
The appeal is still based on the fact that all participants voluntarily agreed to contribute in order to educate the world about HIV and Aids Chin’ono emphasises the fact that he did not enter into any contract, verbal or written, with the participants.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
He maintains that the documentary was in partial fulfilment of the requirements of the Master of Arts in Documentary Practice, which he was studying with Brunel University and declares that the film earned him $7 000 in awards.
The law in Zimbabwe normally requires that any notification for appeal should be made within 15 days from the day of judgment.
