Garwe suit against Zimind starts


JUDGE Paddington Garwe’s defamation case against the Zimbabwe Independent opens on Monday before Supreme Court Judge Elizabeth Gwaunza.


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Garwe sued the Independent in 2004 over a story titled “Assessors block Tsvangirai judgement”, published on July 30 2004.



The paper reported that the initial judgement date in the Morgan Tsvangirai treason trial had been postponed. The case was heard by Justice Garwe sitting with assessors Misheck Nyandoro and Joseph Dangarembizi. Justice Garwe was early this month elevated to the Supreme Court.



The defendants in the case are Zimind Publishers,
Vincent Kahiya, the editor of the Independent and Augustine Mukaro, a senior political reporter on the paper.



The Independent will be represented by
Advocate Francois Joubert, a senior counsel from South Africa where he has on several occasions acted as a judge.



Joubert has had experience working in
Zimbabwe’s courts having in 2000 represented the late war veterans leader Chenjerai Hunzvi, who was accused of defrauding the War Victims Compensation Fund.



Justice Garwe presided over the case. Joubert was also part of the defence team which represented the mercenaries arrested at
Harare International Airport in 2004. He has also represented the South African government in a number of civil suits.



The case has been set down for three days and is expected to end on Wednesday.

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