VICE-PRESIDENT Phelekezela Mphoko’s $50 million claim against Associated Newspapers of Zimbabwe (ANZ), publishers of the Daily News, took a new twist on Tuesday last week after the publisher’s lawyers made frantic efforts to have a default judgment that had been entered against ANZ rescinded and its defence re-instated. BY CHARLES LAITON
The move by the lawyers from Mbidzo, Muchadehama and Makoni, came about after Mphoko’s claim against ANZ had been referred to an unopposed roll after the latter failed to appear for the hearing before High Court judge Justice Joseph Musakwa, prompting Mphoko’s lawyers to apply for default judgment.
As the events unfolded, however, the lawyers were then contacted by Justice Musakwa, advising them of the development following which they rushed to court to have the default judgment set aside after explaining why they had not attended court.
In a letter dated March 10, 2016, addressed to GN Mlotshwa and Company, ANZ lawyer Aleck Muchadehama expressed displeasure in the manner his counterpart had conducted himself in his absence.
“It has come to our knowledge that the pre-trial conference of this matter was held on March 8, 2016, at 0900 hours before the honourable Musakwa J in chambers and when we checked with the court record, we discovered that your Mr GN Mlotshwa had appeared for the plaintiff (Mphoko). We also gather that the plaintiff himself was absent,” Muchadehama wrote.
“When we did not appear, you moved the judge to strike out our defence and had the matter referred to the unopposed roll . . . a further perusal of the record reveals that service of the notice of set down was effected by the Sheriff at No 6 Duthie Road Belgravia, Harare.”
Muchadehama said instead, the service ought to have been effected on No 9 Bates Street, Milton Park, which address was well known by Mphoko’s lawyers.
In the main matter, Mphoko, who claims his reputation was soiled, filed the claim in July last year, demanding compensation for alleged defamation after ANZ published a story, on June 5 last year, based on an interview with former war veterans’ leader Jabulani Sibanda.
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In the said story, Sibanda claimed Mphoko had sold out during the liberation struggle when he allegedly diverted weapons meant for the late Joshua Nkomo’s PF Zapu to President Robert Mugabe’s Zanu, a move Sibanda said could have led to the needless deaths of thousands of people.
In their defence, ANZ and its co-defendants said Mphoko’s claim was ridiculous.
