Mphoko takes on Daily News again

HARARE - President Robert Mugabe’s thin-skinned deputy, Vice President Phelekezela Mphoko, has resuscitated his ginormous $50 million defamation claim against Associated Newspapers of Zimbabwe (ANZ) — publishers of the market-leading Daily News, Daily News on Sunday and the Weekend Post.

In his fresh legal action after his previous claim was recently dismissed by the High Court with costs, the litigious Mphoko is arguing the default judgment that was entered against him was an “ambush”.

But in a replying affidavit deposed by ANZ Group Editor, Stanley Gama, the company rubbished Mphoko’s application, calling on the court to once again dismiss the VP’s claim with costs.

Gama said had Mphoko been present at the pre-trial conference which had culminated in the default judgment against him, “perhaps the judge would have knocked some sense into his head regarding his claim of $50 million whose chances of success are ice in hell”.

The last time the matter was heard, High Court judge Justice Joseph Musakwa dismissed Mphoko’s lawsuit with costs following an application by ANZ lawyer Alec Muchadehama to have the case thrown out, after the VP failed to attend the pre-trial conference in person — choosing instead to send an official from his office, one Themba Ndlovu, to represent him.

Mphoko is now arguing that his absence then had been necessitated by the fact that he was attending to State business.

“The order in H.C 6788/15 was erroneously sought and granted in the absence of the applicant without having taken into account the fact that the applicant was acting president on the day and so was saddled with State functions,” Mphoko said.

But Gama shot back, accusing him of failing to explain the nature of State business that he was attending to on the day.

“The nature of government business has not been outlined. Later on I watched ZBC television and saw applicant opening a branch of Choppies Supermarkets and distributing wheelchairs. I understand applicant had or has had interest in Choppies Supermarkets. Talk of government business,” the ANZ Group Editor said.

“The court was not even advised that applicant was then acting president. Such a reason would in any event have been irrelevant … after all he sued in his personal capacity,” he added.

“I am also advised … that the applicant has followed a wrong procedure in seeking redress. Applicant ought to have known that the respondents would oppose the application.

“With this knowledge, applicant ought to have proceeded by way of court application as opposed to a chamber application.

“I am further advised that the rules of court are there to be strictly followed. Failure to abide by the rules renders an application liable to be dismissed.

“Further, applicant must not over-exaggerate the importance of the office of the President.  The incumbent of this office must be humble, uphold the Constitution and lead by example, including respecting the courts and their processes,” Gama said.

“It is most unfortunate that applicant wishes the existence of criminal defamation which has since been outlawed.  Criminal defamation was a draconian law which was outlawed by the Constitutional Court of Zimbabwe. It was outlawed in many progressive jurisdictions world-wide.

“It is spine-chilling that a person who occupies the office of Vice President and claims to be a highly-decorated liberation icon could wish the existence of such an odious law such as criminal defamation.

“I must add that applicant is a Vice President and a politician.  He attracts publicity even on the slightest of things.  The President of the Republic, Mr Mugabe, has advised that politicians must develop thick skins.

“Despite the so many publications and caricatures thrown at the President, he has never sued anyone.  Perhaps Applicant may learn one or two things from the president regarding the relations with the media vis-à-vis suing for defamation,” Gama said.

“Even when one considers the quantum of damages, a staggering $50 million, it is apparent that applicant’s aim is to threaten the media.

“It appears this applicant’s primary aim is to have third respondent closed.  Such approach has a chilling effect on the media.  And yet, applicant must be day dreaming to expect to be awarded $50 million for merely a story based on an interview with Jabulani Sibanda,” Gama added.

Mphoko’s lawsuit followed a June 5, 2015 article that the VP took exception to that was based on an interview with firebrand former war veteran’s leader Jabulani Sibanda.

In the story, Sibanda claimed that Mphoko had sold out during the liberation struggle when he allegedly diverted weapons meant for the late Joshua Nkomo’s Zapu to Zanu — a move that Sibanda further claimed could have led to the needless deaths of thousands of people.

Comments (55)

Its before the courts daily news slow down on your defence of wanting to have public sympathy does The Vice President has a publication which distributes 50 000 cpoies nation wide let the judge announce his verdict before you judge

Colonel - 12 April 2016

One fail to understand how this guy came to 50 m dollars damage is he 50m dollar worth .You see izanga lizanga kuphela the court tried to knock sense in his skull but it is dry as the rock of Gibrolta .The guy is exposing himself as a minded person with a big for nothing body..

Diibulaanyika - 12 April 2016

It is advisable for VP Mphoko to withdraw this court Application after his former party ZAPU disowned him for deserting the war and his liberation cdes. Mphoko will have to sue J Sibanda, ZAPU , C. Mutsvangwa and Daily News on the same issue. The best thing is for VP Mphoko is to expain where he was and what he was doing from 1976 to 1980? He should also explain what happened to the arms he was supposed to receive? VP Mphoko should stop tarnishing his own image which is already in tatters after staying in the Sheraton Hotel for 16 months at the expense of the tax payers.

Banda - 12 April 2016

all the ravens think about is money in amounts that are despicable! instead of doing his work as an appointee, he rather goes around sniffing for critical publications in order to press insane & unfounded charges. why cant he concentrate on hounding and harassing timu locust at his g40 ndc?! may the court dismiss the unashamed claim with costs again and focus on worthy cases.

SaManyika Chaiye - 12 April 2016

Who is paying for the costs? Is it the vp himself? Please investigate. If the last suit was dismissed with costs and he's back again I doubt it is his money. Maybe it is the taxpayer's money. Some want to do everything at the taxpayer's expense in ZPF it's hardly surprising. the country is a gold trophy they want melted and sold every time they're broke!!

Sagitarr - 12 April 2016

defendant must also not over-exaggerate the role of his profession as a journalist by writing falsehoods about people behind the guise of being the fourth estate ,or the vice president should take a leaf from ED who takes imaginary blows in the daily news but never sues,at least on this one @ viola gwena might agree with me

truth - 12 April 2016

there goes the NYIKA brothers,samanyika and diibulaanyika

jojo - 12 April 2016

@ jojo if you are busy eating shiit there please spare us your nonsense blood fool. Are Viola 's husband or her dirty underpants licker blood swine .

Diibulaanyika - 12 April 2016

You have been provoking me and Samazi for a long time now and i am hitting back sihlama se donkey you must be smoking your own shiit bastard .

Diibulaanyika - 12 April 2016

@diibulaanyika&samanyika:'readers are kindly requested to refrain from using abusive,vulgar,racist,tribalistic,sexist,discriminatory and hurtful language when posting their comments on the DAILYNEWS website,those who transgress this civilised etiquette will be barred from contributing to our online discussions'

jojo - 12 April 2016

This is not your father 's news paper futseki haawu you provoke people who are going about their business here just bcoz you are cio blood dem swine shut your beak you had been provoking samaz me and josphat blood bastard You sound insane .

Diibulaanyika - 12 April 2016

We know you were sent to try and distort Samanyika and me bcoz we are not Viola boot lickers like you noh do we worship your zanu . But unfortunately that wont work this is not the Herald this is the Daily news baba we enjoy our selves here go and hang your self sikumba senja .

Diibulaanyika - 12 April 2016

@NYIKA BROTHERS,its sikhumba not sikumba

jojo - 12 April 2016

Well i am Tonga what ever you heard CIO

Diibulaanyika - 12 April 2016

bachizi,kunganda kokuri?

jojo - 12 April 2016

Samaz is my brother of course bcoz we are all zimbabweans brought together by same problem caused by cio like you who are busy destroying our country .So what is your problem IF samaz is my brother from another mother after all he is not cio .

Diibulaanyika - 12 April 2016

KULIIBANYOOKO

Diibulaanyika - 12 April 2016

Wumuna bapati,tilibachizi tonseni

jojo - 12 April 2016

Kooyaakasobanee abasanyokwe tee wavwa .kabato

Diibulaanyika - 12 April 2016

jojo you are Viola 's husband no doubt

Diibulaanyika - 12 April 2016

Diibu ko ini ndapinda papi.yu want jojo to leav yu alone ,how about yu leaving me alone.I never comment on yu nor respond to yo comments bcoz of yo fowl mouth.how is he my husband and what about my pants.grow up.deal wth the person yu r engaging.yu can say all yu want to him bt leave those who stay out of yo way,like me.I hav no desire to debate wth yu at all.

viola gwena - 12 April 2016

I will not bow down to the erstwhile winds of haunted souls that thrive on human flesh. let those that sow seeds of hate & confusion to suffering people be cursed for taking the human race for granted. let all progressive pple, particularly Zimbabweans, resist the angels of darkness that try to find a resting place amongst innocent pple. let's not be tempted to dwell into trivialities by troubled criminals who have preferred to rank in darkness to appease their unquenchable affinity for earthly & carnal desires at the expense of serving humanity. I have appealed times without number that the daily news is a forum for pro-mdc t commentators & democrats and if one is irked, march to the herald and you wont see me there.

SaManyika Chaiye - 12 April 2016

This is the problem wth MDC T pple.wrong idiots represent them.This fellow is a representative of MDC T ,wth such a mouth.I remember when he tried to represent Ndebele pple on guku bt was vehemently told by sme ndebeles to distance himself from ndebeles.Im sure there are prety good mdc pple in their party bt for them to have this character assisting Obert Gutu is buffling.Cant they find normal pple.Gutu speaks well bt this deputy of his can only be described by mdc,bcoz they know what they trying to portray by speaking thru clenched teeth maniac like this diibu.To Mr Tsvangirai plse pick yo pple that speak for yu well.Otherwise its best to disasociate yo party from faceless characters like diibu ,who has been annoying nearly all by his fowl mouth.

viola gwena - 12 April 2016

That dhiibu is way out of line.this is crap frm him.

kays - 12 April 2016

Yes its me who told him off .we hav good pple .uncle Dhumiso,Welshman who can take care of our issues.not this fellow diibu.too rude.

nancy - 12 April 2016

the level of idiocy that you parade here unashamedly is equal to the amount of insult that I throw at you. call it names but it will not conceal the rot that we are smelling and forced to inhale at the hands of a fascist regime that have converted state apparatus to weapons of waging personal feuds and disputes while the illustrious taxpayers wallow in abject hardships. certain maggots have become so blinded and are floundering in the dark with no sense of direction while heaping on praises on the same system that have reduced women to less than sex workers while men become unpaid labourers, that is if they get the job(s) in the first place. one day these fat Pharos and their little princes will face their judgement.

SaManyika Chaiye - 12 April 2016

There goes samanyika.I think jojo u corect.insane brothers in arms.do yu know wht yu get when yu add the 2?marombe.

nxa - 12 April 2016

an unprovoked attack on viola,@samanyika and @ diibulaanyika say they are mdc,a party that accuses us in the revolutionary party of intolerance yet these two have shown the whole world how intolerant they are,in the unlikely event of the MDC ever ruling,readers now have glimpse of what to expect,as exemplified by these two MDC ambassadors,better the devil you know than the devil you dont

truth - 12 April 2016

and what do you expect from 'marombe.' thats what the system have reduced us to! so we behave like that if you say so! the other time you were saying @yeoman is a tout, he seems so in you bloodshot eyes because your vision is so blurred by a system that has left youths with the sole aspiration of becoming touts & underhand moneychangers. this is the same way you hackle morgan everytime he tries to knock sense in people's heads; you rush to chastise him with unfounded allegations coupled with motivated propaganda on zbc. you will not succeed in diverting my attention from pointing yours and zanu's deliberate mistakes, violence & murders that you commit with aggravation. that is what the daily and tis forum is about!

SaManyika Chaiye - 12 April 2016

Hahahahahah, kapepa aka kavakushinyira, inonzi keep the monkey busy, only yesterday the daily lies was boasting that the case is over and now its screaming trying to influence the judgement by silly inferences. Murikunya, hokoyo naMphoko, hahahahah seka zvako.

truths - 12 April 2016

@samanyika,very true,@ yeoman is a tout and you samanyika work in a hotel kitchen

truth - 12 April 2016

kkkkkkkkkkk @truth; yu remember! can you see how often you zanu also throw daggers at pple! so don't take on diibula as if your carved gods! after all its you who start! admit for wants that the kantry is burning and in desperate need of fire fighters. see how vendors have infested the cities. look at how we are thriving on second hand stuff, from panties to cars here wakomana?

SaManyika Chaiye - 12 April 2016

***once***

Samanyika Chaiye - 12 April 2016

WeLL i see one idiot saying iam way out of line that is foolish why do you read what write . cio are at work lets talk about zanu which is destroying everything here and if you still stick to that party you are insane . finish and klaa . .

Diibulaanyika - 12 April 2016

Viola these are your pple we know that bcoz they are cio like you . and MUNANGAGWA DOGS

Diibulaanyika - 12 April 2016

i foresee a zanu pf victory in 2018 if @diibulaanyika and @samanyika are what the MDC represents,@viola thanks for maintaining your integrity,zimbabwe,cry the beloved country

others - 12 April 2016

READERS are kindly requested to refrain from using abusive,vulgar,racist,sexist,discriminatory and hurtful langauge when posting their comments on the DAILYNEWSwebsite,THOSE that transgress this civilised etiquette will be barred from contributing to our online discussions

jojo - 12 April 2016

prophesy papa/mhamha! with instruments of cruelty present everywhere victory is certain for you. with no reforms and alignment of laws to the constitution victory is yours. with posa & aipa not repealed you will march to victory. victory is inevitable and very predictable with rita and slaigwana at zec, with nikuv tender valid until 2024 and with the usual busing in of police recruits who cant name one street in mt pleasant, victory is yours. it will be a landslide just like the 2008 run-off where you scored 94% after being thumped by 72% in the 1st round, you know by who! we got that %ge from the man himself. ooh yeah what an accurate prediction!

SaManyka Chaiye - 12 April 2016

I can't wait to go and watch this arrogant Mboko in court defending himself and being asked tough questions. If he is serious about this then I can only assume that he smokes very powerful green weed from DRC! Kkkkkkkkkkkkkk!

Moses - 12 April 2016

Tete viola,diibu does nt speak for mdc.he is nt even known by anyone in mdc.so plz leave us alone.the samanyika maybe just a supporter,nt mdc leadership.

Scotish - 12 April 2016

Dnt deny yo mesengers maskati machena.diibu ndewenyu chete.

yuba - 12 April 2016

@scotish,ZAPU disowns mpoko,MDC-T disowns diibulaanyika...............kkkkkkkk

others - 12 April 2016

So the Nyika brothers are both frm manicaland.thanx jojo.the otha ws pretending to be ndeks,iye ari samanyika chaiye .

lodza - 13 April 2016

He is noe banhainyika

lodza - 13 April 2016

Diiibulaa we like your contributions for the past 4 years it was Musona ,and you but Musona is no longer contributing . Never worry about this bitch and her puppies who she buys scuds to make noise here provoking you .You were provoked we all saw it . All these morons coming at you are full of shiit at their batox .Diibulaa iburu ehee.

Chimedza matombo - 13 April 2016

He is rude.no need to hide that.why did he go for viola?and yet its jojo who ws teasing him.he is an idiot nt worth this plaform.

bob - 13 April 2016

well said @ bob,he was teased and he responded with insults which were disproportionate to the teasing against an innocent someone

others - 13 April 2016

@others.bt im curiouse to know how he survives on this platform using vulger language n profenities.has he gt a contract wth dailynews.?

bob - 13 April 2016

Asi Gama anonyora

CuriousCat - 14 April 2016

@Others iwe warwadziwa nei Diiibulaa is right to have a go at Viola bcoz these guys had been insulting him each time he wrote something that seem to contradict what Viola may have said . So the guy is correct if you are always on this platform you mighty have realised what i am saying .

Chimedza matombo - 14 April 2016

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