Africa-Press – Zimbabwe. The US$1 million defamation lawsuit filed against former Finance minister and opposition politician Tendai Biti, who was sued by Augur Investments and its top executives, resumed yesterday with the lawyer filing a notice to apply for referral of the case to the Constitutional Court.
In 2023, the High Court granted a default judgment against Biti, directing the commencement of the defamation case.
Biti was aggrieved and sought a condonation for late filing of the heads, and at the same time sought the reversal of the default judgement. After the application was dismissed, he challenged the High Court order at the Supreme Court, but also lost.
Biti is being sued by Kenneth Raydon Sharpe, Tatiana Aleshina and Augur Investments.
The lawyer is being represented by Professor Lovemore Madhuku, while the applicants are represented by Advocate Thembinkosi Magwaliba.
Professor Madhuku told Justice Tawanda Chitapi that he will file the application on June 2, with Advocate Magwaliba responding by no later than June 9.
Justice Chitapi will hear the oral arguments of the matter on June 24.
Last year, High Court judge, Justice Gladys Mhuri dismissed Biti’s application, saying that his explanation for the late filing was unsatisfactory.
“In casu, the judgment in question was pronounced on 1 March 2023. This application was filed in June 2023. This was a three-month delay. This delay, in my view and contrary to the applicant’s submission, is inordinate.
“Applicant’s explanation for the delay was that he was pursuing the applications he had filed in the Supreme Court, and after the striking off of his second application on 7 June 2023, he was trying to get reasons from the Supreme Court for the decision to strike off.
“I find the applicant’s explanation to be totally unsatisfactory. It is trite that a default judgment is not appealable,” ruled Justice Mhuri.
Mhuri also said Biti, as a senior legal official, was well-versed with legal technicalities and should have known better.
“It is also not in dispute that the applicant is a seasoned practising legal practitioner. He therefore knew that a default judgment is not appealable, but chose not to seek rescission and approached the Supreme Court.
“Even before the Supreme Court, he was represented by legal practitioners of good standing who should have known better,” said the judge.
Biti was sued after he allegedly labelled Sharpe as one of the most corrupt people looting Zimbabwe’s resources.
Augur Investments is seeking US$500 000 damages while its chief operations officer, Aleshina is claiming US$100 000 and Sharpe US$400 000.
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