TONDERAI SAHARO
High Court judge Justice Sunsley Zisengwe has granted prominent Masvingo lawyer and wealthy businessman Rodney Saratoga Makausi the greenlight to sue artist and socialite, Christabel Stembeni Mahlungwa aka ‘Kikky Badass’ for US$500 000 for defaming and cyberbullying him on social media.
Makausi is demanding US$500 000 for defamation following a statement made by the musician that he solicited for sex from her on Instagram which went viral in and out of the country.
On 2 March, 2023 Kikky uploaded on her Instagram page a screenshot of WhatsApp conversations carrying the image of Makausi and in her post she described the lawyer as a creep who had unsuccessfully solicited for sexual favours from her.
Makausi said the post was wrongful and defamatory to him since he had never approached her as she alleged.
He said the post had intentions to defame him and injure his reputation, as a Christian, family man and a successful businessman.
Kikky then approached the High Court and argued that the US$ was not a legal tender since June 24, 2019 and sought the dismissal of the case or leave to make amendments for the claim to be made in local currency.
She argued that the High Court had no jurisdiction to grant a judgment on the matter.
“This Honourable Court does not have the jurisdiction to grant a judgment for delictual damages assessed and quantified in the United States (“US”) Dollar which can be converted to the Zimbabwean dollar on the date leave is given to enforce the judgment.
“On June 24, 2019, the US$ ceased to be a legal tender alongside the Zimbabwe dollar save for specified exceptions on which the plaintiff does not rely on.
“Consequently, unless making an order related to said expectations, this Honourable Court can only order payment in local currency,” reads part of her argument.
However, Makausi argued that a claim for defamation damages is not a transaction within the contemplation of Statutory Instrument (SI) 142/ 19 and that the Supreme Court rejected that a judgment in US$ contravenes SI 142/ 19.
He added that the defendant’s plea is patently ill conceived as the High Court has jurisdiction to determine his claims.
Justice Zisengwe went on to dismiss Kikky’s application with costs last week, after he found favour in Makausi’s heads of arguments.
Kikky badass is represented by Masamvu and Da Silva- Gustavo Law Chambers.
