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Auxilia Katongomara Chronicle Reporter
THE secretary general of the Zimbabwe Urban Councils Union has won a $30,000 defamation lawsuit against a fellow unionist who wrote a letter accusing him of corruption. Bulawayo High Court judge, Justice Maxwell Takuva last week ordered Tsavai Dube to pay Moses Mahlangu the $30, 000 as damages for defamation and costs of the suit on a client-attorney scale.

The judgment came after Mahlangu filed an application for default judgement as Dube failed to appear in court to defend himself within ten days of service of summons. In his founding affidavit, Mahlangu accused Dube of authoring a defamatory letter denigrating him, among other allegations.

“In the said defamatory letter, written by the respondent (Dube) he falsely accused me of alleged corruption and misappropriation of funds in the carrying out of my duties as the Secretary General of the Zimbabwe Urban Councils Union,” said Mahlangu.

He said Dube sent the letter to M Chitsa, the president of the union and also to other members of the union. “The same letter was also copied to the ‘Minister for Corruption,’” submitted Mahlangu. Mahlangu said the letter was delivered to the union offices on May 18, this year although it was not handed to him directly.

“The words and language used by the respondent are wrongful and defamatory to me in that they were intended and were understood to mean that I’m corrupt and I’m committing misappropriation of the funds in the manner of carrying out my duties as the General Secretary of the Zimbabwe Urban Councils Union,” he said.

He said his reputation as the secretary general was tarnished by the defamatory letter. “In the circumstances due to the grave harm to my reputation occasioned by the letter written and published by the defendant. I suffered damages in the sum of $30,000.”

A copy of the open letter was attached to the application. It reads: “When you were elevated to that post we thought that you will stand for us as you are from this region. “We were happy that at least our own son was now a holder of a degree and that he now holds a very strong position in our organisation and that problems in Bulawayo would be dealt with in a very straight forward manner.”

Dube wrote that he had assumed Mahlangu’s religious background would influence him in decision making. “We were also happy that you are a member of the Seventh Day Adventist Church, a church we know teaches people to desist from corrupt tendencies. To our surprise and disappointment we hear that you’ve amended the constitution without going through proper procedures,” wrote Dube.

“We also hear that it was amended just for Bulawayo…Why?” asked Dube in the letter. He accused Mahlangu of siding with corrupt members and imposing candidates. “We know the amendment is that your friend wins the election. We don’t want him (sic).

“Are you aware that he has a pending case with the employers because of his corrupt tendencies…The current union treasurer squandered union money,” wrote Dube. “When we made a follow up with the Union people they told us that you had instructed us that printouts be sent to Harare where you will investigate and report back to the Bulawayo Union you never came back. Why? Did you get something out of this?”