SA court rejects Masiyiwa's court papers on a technicality
By Staff reporter | 16 Apr 2019 at 08:28hrs
The South African High Court has not accepted an application presented by Douglas Mboweni on a technicality arguing that the respondent was the CEO of Econet Wireless Zimbabwe, and was not in a capacity to present Econet Wireless Global.
The stinging issue is about allegations made by Vlogger Rutendo Benson Matinyarare, alleging that Econet Wireless founder Mr Strive Masiyiwa was involved in the death of Zimra whistleblower Edward Matambanadzo, who was a clearing agent for Econet.
In their defense Econet is denying the allegations in a video titled 'Did Strive Masiyiwa kill Edward Matambanadzo.' Econet responds denying the allegations that they hacked into Matambanadzo's car computer box, which caused an accident which killed him,
They are denying that they are involved in an elaborate fraud involving the passing off of imported goods as base stations, whilst being something else, Econet proceeded to over-invoice items and was part of major collusion, They also made a number of fraudulent misrepresentations and have committed fraud,
Econet is also denying the allegations that Strive Masiyiwa is closely linked to Mthuli Ncube who went on to suppress an investigation against Econet, and lastly, they are denying that Econet is part of a deadly mafia which has killed before.
Rutendo, himself, however, admits that there is no evidence to substantiate his claims against Strive Masiyiwa.
On the initial hearing, Strive Masiyiwa was granted an order to stop Vlogger Rutendo Benson Matinyarare from publishing anything defamatory against him. In his response as a first respondent, Rutendo said that he did not oppose the application mainly because he did not have the funds for the legal battles.
This means that Rutendo will have to comply and pull down his Facebook and Youtube posts and must write an apology retracting everything he has said against Strive, and in future anything defamatory.
Strive Masiyiwa in his capacity, Econet Wireless Global, Econet Wireless South Africa and Econet Wireless Zimbabwe are also suing blogger Pardon Gambakwe together with Rutendo Benson Matinyare and Mutumwa Mawere on defamation which was published on his website and social media accounts.
However, Mr Douglas Mboweni's submission was questioned by the South African High Court on the basis that there was no authority granted to him to act on behalf of 3 companies in 3 different jurisdictions.
The court argued that Mboweni did not submit proof that he was given authority to launch the court application in the Johannesburg High Court.
As Strive is personally mentioned as the fourth applicant, he may as well be requested to personally appear in court.