Makandiwa’s lawyer threatens to sue paper

By Daniel Nemukuyu

HARARE – Prominent lawyer Mr Nickiel Mushangwe, who is representing United Family International Church leader Prophet Emmanuel Makandiwa in his US$2 million suit against the Daily News, has threatened to slap the same paper with another lawsuit.

Mr Mushangwe, who has been practising for the past 20 years, says the Daily News had defamed him through an article that allegedly portrays him as an incompetent lawyer.

He threatened to join his client Prophet Makandiwa in suing the Daily News over a report headlined “Makandiwa skips court” that was published in the paper’s edition of March 5, 2013.

The story was written following the appearance of Mr Mushangwe before Justices Chinembiri Bhunu and David Mangota together with the Daily News for a pre-trial conference to try and iron out the US$2 million suit on March 4.

Prophet Makandiwa was outside the country and Mr Mushangwe sought a postponement to March 27. Mr Alec Muchadehama represented the Daily News and the conference could not be heard.

Part of the report complained of read: “The judge dressed down Mushangwe, questioning him if he was acquainted with the case, to which Mushangwe replied, he had only “an article.”

“Mangota, a recently appointed judge who is still being taken through the High Court procedures then chipped in expressing shock that a lawyer could come to court without going through basic rules of the court.

“He urged Mushangwe to read High Court rules.”

In a letter of demand, Mr Mushangwe said the judges did not say much since they required the presence of Prophet Makandiwa. Mr Mushangwe said the article was sensationalised and it maligned his professional reputation.

“In the article there was a suggestion that I was an incompetent lawyer who had gone to court without preparation.

“The correct facts were twisted and the impression created by the article to the ordinary reader was that I was not up to my task as a legal practitioner and that I was not acquainted with basic court procedures.

“I am a professional legal practitioner and have been practising as such for the past 20 years. My professional reputation was maligned by the contents of the article,” he said. Mr Mushangwe said the story was highly sensationalised, inaccurate and reckless.

“The impression created is that I had come ill-prepared for the matter and that I was dressed down by the honourable judges. I never said I had only read an article when I questioned by one of the judges whether I was acquainted with the case.

“The suggestion that I was dressed down is also unfounded and only meant to create the impression that judges made a mockery of me,” he said. The article, Mr Mushangwe says, has lowered his esteem.

“My professional reputation is now in tatters and my self esteem has been lowered in the eyes of members of the public, my friends, clients, relatives and my professional colleagues. The article was defamatory and meant to tarnish my image,” said Mr Mushangwe.

Mr Mushangwe said he was considering instituting a claim against the Daily News in view of the “defamatory” tone of the story. The Herald