High Court Orders US$18,000 in Defamation Case as Advocate Fadzayi Mahere Triumphs Over Petina Gappah
By Staff Reporter
The High Court of Zimbabwe has ordered Petina Gappah to pay Advocate Fadzayi Mahere US$18,000 in damages for defamation.
Justice Joseph Mafusire delivered the judgment on August 29, 2024, bringing to an end the case that began in October 2018.
The defamation suit arose from statements made by Gappah, which Mahere argued had severely damaged her reputation.
Despite initially challenging both her liability and the amount of damages sought, Gappah ultimately admitted liability just before the trial commenced. However, Mahere refused to accept Gappah’s retraction and apology, leading the court to focus exclusively on the appropriate level of damages and the issue of costs.
Justice Mafusire’s judgment reflects the intense legal battle between two prominent legal figures.
“The journey to the day of judgment has been long, arduous, and acrimonious. The theatre of contest has been a ‘hard hat area,'” Justice Mafusire remarked, acknowledging the contentious nature of the proceedings.
Both Mahere and Gappah, who are celebrated legal professionals with distinguished careers, were alumni of the University of Zimbabwe, albeit from different periods.
The judge highlighted that, despite their shared academic backgrounds, the legal confrontation between them had been particularly bitter.
The court’s decision to award Mahere US$18,000 was grounded in the “vile and persistent” nature of the defamatory statements made by Gappah.
However, Justice Mafusire determined that Mahere’s request for higher-scale costs was unnecessary, given the substantial damages already awarded.
The judge noted that while Gappah had lost all interlocutory applications, with costs awarded against her, the overall sum granted was sufficient recognition of the harm caused.
In his written judgment, Justice Mafusire said, “The defendant shall pay the plaintiff the sum of US$18,000, or the equivalent thereof in local currency at the rate of exchange prevailing at the time of payment. The defendant shall pay interest on the above amount at the prescribed rate, namely 5% per annum from the date of judgment to the date of payment. The defendant shall pay the plaintiff’s costs of suit.”
The case has been marked by numerous legal disputes and intense courtroom exchanges, with the court often stepping in to mediate between the two parties.
Despite the challenging nature of the proceedings, Justice Mafusire’s ruling brings a decisive conclusion to a case that has tested the boundaries of Zimbabwean defamation law and the resilience of the country’s legal professionals.
