Mahere
brought
the
suit
over
an
article
published
by
the
online
platform
Kukurigo,
reportedly
operated
by
Kudzayi,
which
alleged
she
had
an
affair
with
businessman
Tinashe
Murapata,
resulting
in
the
breakdown
of
his
marriage.
The
claim,
lodged
in
July
2022,
went
undefended
after
Kudzayi
failed
to
appear
in
court.
Justice
Joel
Mambara
has
issued
a
default
judgment
in
Mahere’s
favour.
Ruled
Justice
Mambara:
Whereupon,
after
reading
documents
filed
of
record
and
hearing
counsel,
the
plaintiff’s
claim
be
and
is
hereby
granted.The
defendant
(Edmund
Kudzayi)
shall
pay
the
plaintiff
the
sum
of
US$100,000.00
(One
hundred
thousand
United
States
dollars),
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
service
of
summons
to
the
date
of
payment.
In
addition
to
the
damages,
Kudzayi
was
ordered
to
pay
the
costs
of
the
suit.
Under
the
law,
a
default
judgment
cannot
be
appealed
directly
but
may
be
challenged
through
an
application
for
rescission.
To
succeed,
Kudzayi
must
provide
valid
reasons
for
failing
to
respond
to
the
lawsuit.
If
that
application
is
unsuccessful,
he
may
then
appeal
the
decision
to
a
higher
court.
The
article
at
the
centre
of
the
case
included
photographs
of
Mahere
and
Murapata
at
public
events,
including
a
funeral.
It
also
claimed
to
reference
WhatsApp
messages
in
which
Mahere
allegedly
requested
money
from
Murapata,
using
this
to
support
the
affair
allegation.
Mahere
argued
that
the
claims
were
“wrongful
and
defamatory,”
portraying
her
as
unethical
and
unprofessional.
She
denied
any
misconduct
and
maintained
that
her
public
status
did
not
justify
intrusions
into
her
private
life,
stressing
her
right
to
privacy
and
to
a
good
reputation.
Court
documents
noted
that
Kukurigo,
which
claims
a
readership
of
370,000
and
substantial
social
media
presence,
had
amplified
the
story,
resulting
in
further
republication
by
other
outlets.
Mahere
said
the
wide
circulation
had
harmed
her
reputation
as
a
legal
professional,
public
figure,
and
international
speaker.
In
a
defence
filed
prior
to
the
default
judgment,
Kudzayi
maintained
that
the
article
was
a
responsible
act
of
journalism.
He
insisted
it
was
based
on
fact
and
professional
standards,
describing
the
content
as
truthful
and
supported
by
evidence
he
intended
to
present
in
court.
He
rejected
Mahere’s
claims
that
the
article
relied
on
insinuation
or
falsehoods,
and
challenged
her
to
meet
the
“strictest
proof”
required
to
substantiate
her
allegations.
Kudzayi
also
denied
acting
out
of
malice,
arguing
that
Mahere
had
been
given
an
opportunity
to
respond
and
that
open
communication
channels
had
existed
throughout.
Kudzayi
insisted
his
actions
were
in
the
public
interest,
not
driven
by
spite
or
personal
vendetta.