Fadzayi Mahere wins US$18 000 damages in defamation case

 In a significant ruling, the High Court of Zimbabwe has decreed that author and attorney Petina Gappah pay lawyer and political figure Fadzayi Mahere US$18,000 in damages in their defamation case. This judgment comes after an extended legal dispute over Gappah’s defamatory remarks.The legal case, which has aroused considerable public interest since October 2018, concluded with a written judgment from Justice Mafusire on August 29, 2024.

Mahere and Gappah’s legal battle over the years

The defamation suit arose from statements made by Gappah that, according to Mahere, severely damaged her professional reputation. Although Gappah initially disputed both the liability and the damages claimed, she eventually conceded liability shortly before the trial commenced.

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However, Mahere rejected Gappah’s attempts to retract the statements and offer an apology, prompting the court to concentrate on the appropriate compensation and legal costs.

High Court’s ruling in the defamation case

Justice Mafusire characterized the legal battle as prolonged, contentious, and bitter. He highlights the rigorous legal tactics employed by both parties, who are highly accomplished in the legal profession. The judge noted that the defamatory comments were “malicious and sustained,” which warranted the substantial damages awarded to Mahere.

Beyond the US$18,000 in damages, Petina Gappah has been ordered to pay an annual interest of 5% on the amount from the date of the judgment until the full payment is made. Additionally, Gappah is responsible for covering Mahere’s legal expenses during the litigation.

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Justice Mafusire’s decision also considered the economic conditions when the lawsuit was filed, rejecting Gappah’s argument that the initial higher claim was unjustified based on the monetary policies in effect in October 2018.