By Tendai Kamhungira
TV drama actor David Mubaiwa, popularly known as Sabhuku Vharazipi, who has been facing a $218 000 lawsuit for compact discs (CDs) that he reportedly sold on behalf of Ziya Cultural Arts Trust is off the hook after the organisation withdrew the claim.
The organisation, through one of the trustees David Dzatsunga, had approached the High Court seeking an order for the reimbursement of $210 000 together with a motor vehicle worth $8 000.
In the application, the organisation cited Sabhuku Vharazipi, Wellington Chindara and Kumbirai Chikonye as respondents.
However, the organisation has since filed a notice of withdrawal, bringing the matter to rest.
“Take notice that the plaintiff (Ziya Cultural Arts Trust) on this 30th day of October 2018 withdraws all the five claims filed against the defendants in this matter,” reads the notice of withdrawal.
According to court papers, Sabhuku Vharazipi, Chindara and Chikonye, were appointed as trustees of Ziya Cultural Arts Trust together with Dzatsunga in July 2013.
The Trust went on to produce a drama popularly known as Vharazipi and another one called Voice. Dzatsunga had told the court that the trio had gone further to sell the produced dramas and pocketed the money.
However, the trio said Dzatsunga was never part of these productions.
“To the exclusion of …Dzatsunga alleging to represent the plaintiff, Ziya Cultural Arts Trust, he did nothing towards production of the ground-breaking comedy Vharazipi and the film Voice.
“The three defendants were the brains behind the film and are the ones who generated income for the plaintiff that caters for the day to day expenses and production costs,” the trio said.
They further said Dzatsunga had not contributed anything towards the production of the drama and that when Vharazipi was produced, the Trust was not yet in place, claiming instead, there was Ziya Theatre Club.
“The defendants put the money to good use as they purchased printers, duplicators, generator, ink and incurred transport costs as well as rentals.
“Almost three years’ experience was encountered by the defendants in trying to sell 48 000 copies of the CDs. The defendants will prove that they duly accounted for the money. Over and above, no legal claim can be placed by Dzatsunga and such should be dismissed with costs,” the court was told.
The three further denied ever producing 210 000 discs as alleged by Dzatsunga.
“Dzatsunga was never involved and does not know the number of CDs produced. The comedy Vharazipi was heavily pirated and only about 2 000 copies were produced by the defendants,” the court heard. DailyNews