The High Court has ordered the Sheriff of Zimbabwe to attach all properties owned by Al Jazeera Media Network in Zimbabwe as security costs, reported NewsDay.
This follows an application by Mehluli Dube, who is suing Al Jazeera for US$2 million, claiming the documentary Gold Mafia tarnished his reputation.
Dube claims to have left his employment with a good track record and solid relations with the former employer, saying Al Jazeera had tarnished his reputation.
Al Jazeera released the Gold Mafia documentary series, alleging it exposed gold smuggling activities by prominent people in Zimbabwe.
Episode 2, titled Smoke and Mirrors, implicated Dube in corruptly signing off licenses for gold smuggling, allegedly receiving US$3,000 per month for his services.
The series has accumulated over 12 million views across multiple platforms.
Dube alleges the documentary has caused significant damage to his reputation among his peers, family, and the public.
Dube stated that on May 15, his legal team contacted Al Jazeera to request evidence supporting the allegations against him. However, they did not receive a response, leading his lawyers to send a formal letter of demand via email on May 24, 2023.
He noted that Al Jazeera eventually replied to the subsequent email but claimed ignorance of the initial correspondence.
Despite efforts to resolve the matter amicably, the parties were unable to reach a settlement, which resulted in the filing of the current application.
Dube claims Al Jazeera runs a bureau office at Rainbow Towers in Harare with valuable trade items, which he estimates at US$100,000.
In an affidavit, Philip Rees, the director of Investigative Journalism at Al Jazeera, confirmed that the network sublets a room at Rainbow Towers from the Rainbow Tourism Group Limited, which serves as an editorial space for its employees.
Rees, however, argued that the equipment belonged to its employees and was used for work both locally and internationally.
Justice Musithu, in his analysis of the case, concluded that the allegedly defamatory statements attributed to Al Jazeera—which the network claims are truthful—establish a prima facie cause of action.
He noted that if these statements are found to be false, the court will need to consider Al Jazeera’s defences.
The judge emphasized the importance of allowing both parties to present their cases in court to determine their competing rights and evaluate the truth of the allegations against Dube.
Justice Musithu emphasized balancing the constitutional rights of both parties, including freedom of expression and the media, without maliciously injuring a person’s reputation or dignity. He ruled:
It is also in the public interest that the truthfulness of the allegations carried in the documentary, which attracted public interest, be tested in a court of law.
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.
No connection was established between the equipment at the employees’ residences, if any, and the respondent.
Justice Musithu granted the application, directing the Sheriff to seize and take possession of Al Jazeera’s laptops, computers, printers, cameras, and photographic equipment at its bureau offices in the Rainbow Towers Hotel, Harare.
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