By Simbarashe Mtembo | Masvingo Mirror |
MASVINGO – The High Court has granted Lawyer Rodney Saratoga Makausi the green light to sue hip hop artist and video vixen Christabell Stembeni Mahlungwa (known as Kikky Badass) in United States dollars.
Makausi sued Kikky badass for US$500 000 over defamation following a statement made by the latter on Instagram. Kikky Badass then approached the High Court and argued that the US$ is not a legal tender since June 24, 2019.
She 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.
Justice Sunsley Zisengwe, however dismissed Kikky Badass’ application with costs on Monday.
“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 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.
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.
Makausi is represented by Samuel Banda of Advocate’s Chambers in Harare while Kikky Badass is represented by Masamvu and Da Silva- Gustavo Law Chambers.
