Court orders attachment of Al Jazeera property in defamation suit

By Staff Reporter

Harare – A former top official at Fidelity Printers and Refiners has secured a court order to attach Al Jazeera’s property in Zimbabwe.

The action is a precursor to a US$2 million defamation suit against the international news channel over its documentary, “Gold Mafia,” which implicated him in gold smuggling activities.

Mehluli Dube, who served as Head of Gold Operations at Fidelity Printers from 1989 to 2022, claims the documentary tarnished his reputation and caused significant harm.

To this end, Dube approached the High Court seeking an attachment order to confirm the court’s jurisdiction over Al Jazeera in a defamation suit he intends to file.

Justice Siyabona Musithu granted Dube’s request in a judgment handed down at the Harare High Court.

Musithu ruled that the case was of public interest and should be adjudicated to determine the truth or falsity of the allegations.

He concluded that the High Court had jurisdiction and that Al Jazeera’s property could be attached to secure its presence in the proceedings.

“The court has already noted that what differentiates the present matter from the authorities referred to by the respondent’s counsel is the presence of the respondent’s bureau office in the country.

“It has not been denied that the bureau office houses the equipment that the applicant wants attached to confirm the jurisdiction of the court. It was also not disputed that the equipment in the bureau office belongs to the respondent.

“The court would confine the attachment order to the equipment at the respondent’s bureau office and not the equipment that may be at the residences of its employees, since it was not denied that they may have equipment of their own,” he said.

Musithu however noted that no connection was established between the equipment at the employees’ residences, if any, and the respondent.

“In his answering affidavit, the applicant did not dispute the respondent’s averment that it sublets room 102 at the Rainbow Towers.

“Resultantly, it is ordered that; the application for an attachment to confirm the jurisdiction of this Court in the intended suit between the applicant and the respondent be and is hereby granted.

“The Sheriff of Zimbabwe be and is hereby authorised to attach and take into his possession the respondent’s laptops, computers, printers, cameras and photographic equipment at the respondent’s bureau offices at the Rainbow Towers Hotel, Harare.”

The judge said costs of this application shall be costs in the cause in the action to be instituted by the applicant against the respondent.

Dube was formerly employed by Fidelity Printers and Refiners as Head of Gold Operations from 1989 to 2022. He claims to have left employment with a good track record and maintained solid relations with his former employer.

Between 23 March 2023 and 14 April 2023, Al Jazeera released a documentary series titled “Gold Mafia,” consisting of four extensive and interconnected episodes.

The documentary, which garnered over 12 million views on various platforms, focused on exposing the smuggling of gold in Zimbabwe and the individuals involved in illegal gold trading activities.

“Episode 2 of the ‘Gold Mafia’ series titled ‘Smoke & Mirrors’, particularly at timestamp 33:10-33:42, implicated the applicant as having corruptly signed off licenses for purchase and sale for one Kamlesh Pattni to facilitate the smuggling of gold.

In return, the applicant is alleged to have received a monthly payment of US$3,000 for his services,” the court was told.

Dune said this episode had over 2.8 million views, which number gradually increased daily attracting over 24,000 likes and 4.500 comments.

He claims that his implication in gold smuggling had done considerable damage to his image and reputation amongst his peers, family, fellow Zimbabweans and the world at large.

This was because the series had a large viewership arising from the media house’s popularity.

“The damage was continuous as the material remained posted on the respondent’s page and copies of the episodes had been made by third parties and circulated elsewhere,” he said.

He first engaged Al Jazeera on 15 May 2023.
The respondent later responded to the latest email from the applicant’s legal practitioners but claimed to be unaware of the earlier communication.

The parties failed to reach an amicable settlement prompting the filing of the court application.

Dube intends to sue the respondent for defamation damages in the amount of US$2 million, arising from what he alleges are falsehoods broadcast by the respondent in the aforementioned series.

Al Jazeera maintains a bureau office at the Rainbow Towers in Harare, where it houses multiple pieces of its trade equipment, including laptops, computers, printers, and state-of-the-art cameras.

Additionally, the applicant mentioned the residences of Al Jazeera’s local employees, suggesting that these properties could also be attached to establish the court’s jurisdiction.

The estimated value of the equipment held by the camera person is US$100,000.

The applicant seeks the attachment of this equipment to confirm the court’s jurisdiction and to ensure the enforceability of any potential judgment.

The opposing affidavit by Al Jazeera was deposed to by Phillip Rees in his capacity as the respondent’s Director of Investigative Journalism.

He confirmed that the respondent sublets room 102 at Rainbow Towers from the Rainbow Tourism Group Limited.

He said the room was used as an editorial room by the respondent’s employees.

He however denied the respondent used room 103 as alleged by the applicant.

In addition, he said his employer was neither incorporated nor did it have its principal place of business in Zimbabwe.

The employees, he said, did not keep the equipment at room 102 Rainbow Towers, although they may have done so at some point prior to the applicant’s application.

The respondent acknowledged the existence of the Grange and the Milton Park properties in Harare but averred that these belonged to its employees.

Source – ZimLive

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