Mutodi instructs lawyers to sue Chamisa over defamatory video, claims US$5 million

Harare- ZANU PF Goromonzi West legislator and aspiring candidate for Bikita South, Energy Mutodi has this week instituted legal action against opposition CCC leader Nelson Chamisa and three others ,Express Mail Zim can authoratively report.

The former minister and academic reportedly instructed his lawyers to sue Chamisa over defamation.

This follows a defamatory video that went viral on social media with CCC falsely claiming that it was him bashing an unidentified man.

Express Mail Zim had sight of a leaked draft of the court application which showed that that the former Information Deputy Minister was seeking US$5million for defamation and reputational damage which he claimed was irreversible.

Mutodi claimed Chamisa and his activists some of whom he named in his application, had engaged in a cyber warfare of misinformation and defamation in order to achieve either the disqualification of his candidature or to undermine his public standing and the ruling party’s reputation.

Chamisa was cited as the first respondent with his (Mutodi)’s opponent Barney Nyika cited as the second respondent , while John Mupanduki and Munyaradzi Shoko cited as third and fourth respondents respectively.

The draft application seen by this reporter states Mutodi’s prayer wherein he says:

” Defamation of Character with intention to cause disqualification of Applicant from August 23 Elections as a Candidate,” read part of the draft application thereof.

In the founding affidavit,he said:

” I am a member of ZANU PF duly nominated to stand as a candidate in the August 23 elections as a Member of Parliament representing ZANU PF.

“On Thursday 6 July 2023, Nelson Chamisa gathered his supporters at Baradzanwa Shopping Centre who stoned vehicles belonging to the applicant.

” The estimated total cost of damage is US$5000.00 (Five thousand United States Dollars).

“Following the heinous act, one John Mupanduki went to report a criminal case in which he falsely claimed the applicant had stoned the crowd waiting to be addressed by Nelson Chamisa when in fact it was the CCC supporters who stoned applicant’s cars.

“It is the 1st respondent who incited his supporters to stone applicant’s cars.

“Had he not incited the violence, the damage caused could not have happened,” it reads.

Circumstances are that on Monday July 17 2023, CCC supporters again with the alleged aim to defame and incriminate Mutodi went on social media to publish a gruesome video in which a man speaking Tonga language was assaulting a victim in an unknown location.

“The 1st Respondent(Chamisa)’s supporters who include the 3rd respondent directly and indirectly spread the video with the aim to defame and portray the applicant in bad light with the hope to cause the applicant’s disqualification as a nominated candidate.

“The 1st respondent has done all these acts while working with the 2nd respondent who acts as his agent and was present when the 1st respondent’s supporters who also happen to be his potential voters stoned the applicant’s cars.

“Respondents 1, 2, 3 and 4 have directly and indirectly contributed to defamatory statements which they have created in order to negatively affect the candidature of the plaintiff and to harm his reputation as a law abiding citizen for obvious reasons among them to either cause loss of his nomination or loss of public confidence in him and or both,” further reads the affidavit.

Further allegations are that the defamatory video which went up on a twitter account held by the 4th respondent and shared on the official handle of 1st respondent’s party handle called @CCC went viral and was read by at least 2,000,000 people by the time the 4th respondent pulled down the fake news following a public outcry.

Mutodi further argues and states that Chamisa is vying for the post of President under the CCC ticket in August 23 elections and therefore has direct interest in the defamatory effect of this video and the link it might be accorded by the public to ZANU PF and its candidates.

The total cost he is claiming is US$5,000,000 as the reputational damage they have caused on him which he deems “irreversible”.

Contacted for comment, Mutodi was not available at the time of writing Monday , but Uta Chipepura who is his information manager said the opposition CCC had stooped so low that they were now resorting to peddling falsehoods hoping to cause disharmony among supporters.

” The writing is now on the wall that Nelson Chamisa is going to lose this election to President Emmerson Mnangagwa and is peddling falsehoods in order to mislead outsiders and discredit the whole electoral process.

“The opposition CCC is engaging in a game of misinformation but when the truth eventually comes out like this it spells doom for them,” said Chipepura.