Chivayo demands summons in $500k Mazara lawsuit

CONVICTED businessman Wicknell Chivayo (pictured right) on Monday demanded to be served with summons which were recently filed at the High Court in a case he is being sued for $500 000 for injuria by The Sunday Mail Features and Opinions Editor, Garikai Mazara.

Writing through his lawyers, Mambosasa and Partners, Chivayo, who hurled explicit obscenities in WhatsApp messages to Mazara on February 20, demanded that the summons be served on him.

Responding to Chivayo, Mazara’s lawyer, Mr Tichawana Nyahuma of Sengwe Legal Law Chambers, said there was no time frame within which summons that had been filed with the High Court had to be given to the Sheriff to effect service on the defendant.

Mr Nyahuma explained the procedure to the convicted businessman, who once did time in jail for fraud, and the steps that summons go through, from filing to being served.

Mazara is suing Chivayo for $500 000 for injuria arising from the said phone messages.

Mazara travelled to Gwanda to get an appreciation of progress on the $202 million solar project, whose tender was won by Chivayo in October 2015 under contentious circumstances.

When he came back from Gwanda, Mazara sent a set of questions to Chivayo seeking clarification on the progress of the pre-commencement works, for which Intratrek Zimbabwe -fronted by Chivayo - was advanced $5 million by the Zimbabwe Power Corporation in May last year.

Chivayo asked Mazara to write a favourable story and “come see me on Monday at my office”.

When the story was published on Sunday February 19 including his responses to the questions sent to him, Chivayo flew into a rage.

The following day he sent a flurry of insulting messages, some of them unprintable.

Meanwhile, Mazara has raised a complaint with the Zimbabwe Republic Police citing the sluggish pace at which his complaint against Chivayo over the same WhatsApp messages is being handled.

Mazara’s grievance is since reporting the matter at Harare Central Police Station on February 28, nothing has been done by the police up to now, despite repeated responses that the docket has been completed and was ready for prosecution. The case, recorded as CR2607/2/2017, is being handled by Assistant Inspector Mashinga.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba said: “Kindly note that your concerns have been referred to Officer Commanding Police Harare Province for his attention and action.”