Latwell Nyangu
BUSINESSMAN and lawyer Rodney Saratoga Makausi has won a US$18 000 defamation case against rapper Kikky Bad**s over false social media claims by the musician that he was a sex predator, adulterous man and a figure of questionable morals.
Justice Sunsley Zisengwe ordered the socialite to pay US$18 000, or its equivalent in Zimbabwean currency at the prevailing official rate, as defamation damages.
Makausi sued the rapper over an Instagram post she made last year.
The rapper alleged Makausi was attempting to solicit for sex.
The businessman sought US$500 000 in damages when Kikky refused to delete the post but he later amended his claim to US$60 000 before the court awarded him US$18 000.
On March 21 last year, Makausi sued Kikky.
The summons were duly served to her on March 29.
Makausi told the court that he was not an adulterous man who solicited sex from women as purported by the post.
“I have been running a successful law practice under the name and style of Saratoga Makausi Law Chambers since 2013, with a staff complement of two other lawyers and five supporting staff.
“I have also during this period been running several successful business ventures.
“I have acquired several immovable properties in prime areas of Masvingo, through my law practice and other business.
“I am a devout member of the Seventh Day Adventist Church and have occupied several leadership positions within my congregation in Masvingo.
“Part of my fundamental beliefs as a practising Adventist is that the moral law, as espoused in the Ten Commandments, is the immutable, irrevocable, and eternal foundation of the Kingdom of God.
“For the aforesaid reasons, a good reputation is to me, a sine qua non for my day-to-day conduct.”
He added:
“I was shocked to see a picture of my face appearing on the WhatsApp messages she had screenshotted and posted on her Instagram page.
“According to her, the man in the picture had solicited sexual favours from her.
“I understood the Instagram post to insinuate that the person appearing in the Instagram post (myself) was a creep who had unsuccessfully solicited sexual favours from her for consideration.
“The post also suggested that I needed restraining from my wife.
“The Instagram post was subsequently downloaded from her page and went viral on several WhatsApp Groups and Social Media platforms.
“The Respondent has since admitted to having uploaded the post on her Instagram page.”
Makausi also argued that the post portrayed him as an unrestrained sexual predator who solicited sexual favours from women who are not known to him.
“That I am an unfaithful husband who cheats on his wife by soliciting sexual favours from women who are not known to me
“That I am an adulterer, contrary to my professed beliefs as a Christian and a practising Adventist.
“That I am an adulterer and sexual predator who members of the public should be wary of in their dealings with me as a lawyer, businessman, church, and community member.”
He attempted to reach out to Kikky through her manager.
“I explained to him that I had never sent any messages to her on WhatsApp or any other platform yet my face was appearing on Instagram posts originated by her.
“I notified her manager that the posts were defamatory of me and since she was the one who had originated them, she ought to clarify this and clear my name which she had soiled.
“It is on account of this refusal to retract that I wrote a letter of demand to the Respondent, which culminated in the present action.
“As a devout Christian, professional man, respected legal practitioner, and officer of the court, in a fairly small city like Masvingo, my reputation and character are my currency.
“The Respondent’s defamatory posts have however caused irreparable harm to that.
“The embarrassment and ridicule that I have suffered as a result of her defamatory post is borne for no reason at all.”