“Kukwira gomo hupoterera”.
The ancestors of us Africans are regarded as have been illiterate but some of the sayings they left are just wisdom at a level that defies analysis or, worse, translation.
I will be brief. I think that Michael Reza, the Chairman of the Zimbabwe Anti Corruption Commission, is corrupt. That is my opinion.
But, I am not trying to sue him for being in my opinion corrupt, but because he defamed me one day at Court. Shouted for everyone, including Tatiana Aleshina, to hear, that I was a “bush lawyer”.
So I prepared summons and filed my claim.
But, it turns out, the High Court wants in on the action. If you issue summons sounding in money, the High Court wants 0,001% of your claim as fees. If you make an application sounding in money, whatever amount, the fee is US$10.00. For defamation, you must issue summons, not an application, because the fellow might have a thing to say in his defence. Or two. Including that he is not corrupt, perhaps.
It is not guaranteed that you will win what you claim, no, but the High Court is paid upfront. So they wanted USD100.00 from me (between you and I think they missed the math, it should have been USD200.00, but that is besides the point).
This in my view violates the Constitution of Zimbabwe, which, I think we must all uphold. Even when we are tempted to ignore it or change it to say what we want, while it remains unchanged we must not mutilate it. Just me.
Section 56(1) says “Every person has the right of access to the courts, or to some other tribunal or forum established by law for the resolution of any dispute.” Access to every person must mean the same access. It actually says so: “All persons are equal before the law and have the right to equal protection and benefit of the law.” And further down the document it says that “In the determination of civil rights and obligations, every person has a right to a fair, speedy and public hearing within a reasonable time before an independent and impartial court, tribunal or other forum established by law.”
So, now I am first suing the High Court to force it to charge me the same US10.00 that everyone pays when starting a case. I filed Friday.
After that, I will be filing my claim against Michael Reza. Whether or not his term of office has been extended in terms of the Constitution or after an amendment.
Advocate Tinomudaishe Chinyoka
