Published: 20 hours ago

Journalist Edmund Kudzayi has formally approached the High Court to rescind a default judgment awarding US$100,000 in damages to prominent lawyer Fadzayi Mahere in a defamation case. The judgment, granted on July 10, 2025, arose from allegations made by Kudzayi that Mahere was involved in a relationship with a married businessman, Tinashe Murapata, claims which Mahere says led to the collapse of her marriage.

Kudzayi, through his attorneys at Gunje Legal Practice in Harare, argues that the judgment was issued without following proper legal procedure and insists he has a bona fide defense against the allegations. He contends that he was neither in wilful default nor given a fair chance to present his defense.

Central to Kudzayi's application are claims of procedural irregularities. He points out that the case had previously been struck off the court roll due to Mahere's failure to prosecute, and that she misrepresented the case status to the court. "At all material times, I have been participating in the matter, filing all papers on time, demonstrating my desire to have my defense ventilated and vindicated in open court," Kudzayi stated.

He further alleges that he was prevented from attending a critical hearing on March 24, 2025, by High Court security personnel, despite being inside the court building. This obstruction, he argues, resulted in his defense being struck out without his knowledge or a proper legal basis. He notes that both Mahere and her legal team were aware of his exclusion.

"My defence was struck out and the matter placed on the unopposed roll without my knowledge, apparently without a formal application," Kudzayi said. "The fact that I was obstructed from attending the hearing is known to the Court and the Defendant and her legal practitioners, who, as officers of the Court, would have known I was not in wilful default."

Kudzayi asserts that even if the judgment is rescinded and the case reinstated, he has reasonable grounds to succeed in the main defamation action.

In addition to procedural issues, Kudzayi challenges the damages award itself as grossly exaggerated and unprecedented in Zimbabwean law. He points out that previous defamation awards rarely exceeded US$18,000, including cases involving Mahere. He argues that the US$100,000 sum amounts to manifest injustice and is based on misleading representations made by Mahere during the court process.

"Fraud vitiates everything," Kudzayi said, emphasizing that even if found in wilful default or if he loses the main case, the judgment must still be rescinded on the basis that no Zimbabwean court would award such an extraordinary quantum of damages.

The defamation suit revolves around Kudzayi's allegations of Mahere's extramarital affair, which he maintains are in the public interest. His legal team insists that Mahere cannot substantiate her claims without cross-examination and that the damages awarded bear no reasonable relation to the alleged harm.

Kudzayi further argues that allowing the judgment to stand would perpetuate a "deliberate and calculated deception," undermining the integrity of the judiciary.

The application to rescind the default judgment is pending before the High Court.
- NewZimbabwe

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