Kuda Mahachi Sues Ezra Sibanda For Defamation

Kuda Mahachi is suing journalist Ezra Tshisa Sibanda for a whopping $100 000 USD In damages for defamation.

Mahachi argues that Sibanda abused his journalistic privilege by publishing incorrect and unverified information concerning his four-year son Diego, who he is accused of scalding with boiling water.

Through his lawyers, Masamvu, DaSilva-Gustavo Law Chambers, Mahachi said Sibanda posted videos, the photographic and written content of his minor children on his profile pages on several dates in the month of May 2022, namely: 7, 11, 14, 17, and 21 without his consultation or consent.

In documents seen by Harare Live, Mahachi says he wants compensation for damages to his fair name and reputation as an individual as well as in his career as a soccer player.

The damages are for defamatory material concerning him written and broadcasted by Sibanda on his Facebook page.

He alleges that, on 7 May 2022, defendant broadcasted for 33 minutes, a video on his Facebook profile wherein he stated that there was an allegation that plaintiff’s four-year-old son Diego, had been burnt by plaintiff in South Africa.

Read Also: Kuda Mahachi Acquitted

However, he proceeded to make statements of fact that plaintiff’s son was admitted at Mpilo hospital in huge pain with the likelihood that a chunk of his leg would be cut off.

In this context, defendant specifically referred to plaintiff by name at different intervals of the broadcast and made statements of fact that plaintiff’s son was in hospital because plaintiff got angry, took a bucket of hot water, and poured it all over the son’s body.

Mahachi also says, on 17 May 2022, Sibanda wrote on his Facebook profile that Mahachi was unable to send medical assistance to his son in hospital since the son was subject to a criminal case and no accused person could send people to help administer medication to the victim.

With this in light, Mahachi says Sibanda’s statements as complaints were not made with Mahachi’s consent, were not based on truth, were not fair comments, and were unjustified.

Consequently, Mahachi is entitled to damages as claimed, particularly if it is considered that at the time of issuing summons.

He wants Sibanda to pay $100 000 usd for damages payable at the prevailing interbank rate.

Kuda Mahachi was acquitted of two counts of attempted murder by Bulawayo regional magistrate Mr Mark Dzira.

Mahachi was charged with two counts of attempting to murder his son.

The footballer, on the other hand, breathed a sigh of relief after Magistrate Dzira ruled that the State had failed to prove the essential elements of the case, and that the witnesses’ evidence was contradictory and disjointed.

Mahachi was accused of assaulting his son with an iron bar on the head and mouth on a date unknown to the prosecutor but between 25 February and 14 April 2022.