Africa-Press – Zimbabwe. The legal dispute between prominent lawyer and opposition figure Advocate Fadzayi Mahere and Youth Empowerment Minister Tinoda Machakaire has escalated, with Prichard Attorneys issuing a renewed demand for a formal retraction.
In response to Machakaire, Mahere said that the Access to Information and Protection of Privacy Act (AIPPA), cited in his legal demand for a retraction, was repealed five years ago.
In a follow-up to their initial letter of demand dated 7 July, the law firm, acting on behalf of Machakaire in his personal capacity, responded to Mahere’s reply posted on her X (formerly Twitter) account.
While acknowledging her public statement, the lawyers argued that she had not provided a formal legal response.The letter states:
We have taken note that you have used your Twitter handle to respond to our letter mentioned above. We have not received a formal response, which we still anticipate.
Prichard Attorneys acknowledged that the Access to Information and Protection of Privacy Act (AIPPA), cited in their initial letter, has been repealed.
However, they revised their legal position by invoking the Freedom of Information Act [Chapter 10:33], maintaining that Mahere had still not followed the correct procedures for seeking official information.
Citing Section 7 of the Act, the law firm argued that requests for public information must be made in writing and addressed to a designated information officer, not shared through social media channels. Reads the letter:
The exchange on the Twitter handle does not follow due process as required by law. If your defamatory broadcasts on X are directed to our client in his official capacity in genuine search for accountability, then such must be made in terms of the law, law of which you are conversant with.
The original online post, viewed tens of thousands of times, questioned the Minister’s alleged involvement in an US$8 million tax evasion case and concluded with the statement, “We need new leaders.”
Machakaire contends that this remark impugns his character, prompting demands for a retraction and public apology.
While Prichard Attorneys acknowledged that citizens have a constitutional right to hold public officials accountable, they argued that such actions must follow established legal procedures, standards they say Mahere, as a legal practitioner, ought to be fully aware of. Reads the letter:
Our client insists that the broadcast is defamatory as it attacks his person and not official public title. He insists with his demand for a retraction and demands that if you indeed request information from the Ministry of Youth, you must follow due process as the process you are engaged in is unlawful.
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