BUSINESSMAN Bruno Fungayi Takawira has won a US$500,000 defamation lawsuit after the High Court ordered Feng Guo and Hwange Coal Gasification Company to compen...
BUSINESSMAN Bruno Fungayi Takawira has won a US$500,000 defamation lawsuit after the High Court ordered Feng Guo and Hwange Coal Gasification Company to compensate him for publishing allegations that falsely linked him to the theft, sale and smuggling of coke.
Justice Tawanda Chitapi granted default judgment against Feng Guo and Hwange Coal Gasification Company after the defendants failed to enter an appearance to defend the matter. The court ordered them to pay the damages jointly and severally, together with interest and costs of suit.
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The court ruled that the allegations had unfairly damaged Mr Takawira’s reputation and exposed him to suspicion, ridicule and reputational harm within business circles. The judgment marked the end of a legal dispute that arose from claims made in a letter issued on the company’s letterhead.
Mr Takawira had initially sought US$5 million in damages after a letter alleged that approximately 1,400 tonnes of coke stolen from the company’s plant had been stored at his premises and were intended for sale in Zimbabwe or Zambia.
According to court records, the letter was addressed to the Zimbabwe Revenue Authority and copied to several authorities, including the Zimbabwe Anti-Corruption Commission and police officers. The company claimed it had information linking Mr Takawira to the consignment.
In his ruling, Justice Chitapi said the contents of the letter had a damaging effect on the businessman’s reputation.
“The article self-evidently impugns the character of the plaintiff (Takawira),” Justice Chitapi said.
“It portrays the plaintiff as an accomplice of one Lisa Maropafadzo and her ‘thugs’ or assailants who unlawfully removed 1,400 tonnes of coke from the second defendant’s plant,” the judge added.
The High Court found that the publication portrayed Mr Takawira as a thief and smuggler and linked him to criminal activities without verification of the allegations. Justice Chitapi said the defendants acted with malice and recklessness when they published the claims.
“The defendants were reckless because they did not investigate or verify the facts of the plaintiff’s involvement before labelling him a thief and smuggler,” Justice Chitapi said.
The judge noted that Mr Takawira described himself as a marketing consultant whose reputation was important to his business activities. The court also observed that the allegations had been directed to institutions responsible for crime investigations and tax administration.
Justice Chitapi further considered an earlier High Court ruling involving the same letter, in which Hwange Coal Gasification Company had been ordered to retract the publication. The court found that the failure to withdraw the allegations after that ruling weighed against the defendants.
The ruling brings to a close a high-profile defamation case and reinforces the importance of verifying information before publishing allegations that could harm an individual’s reputation.
