A LOCAL company, Fossil Mines, has taken legal action against lawyer and vice president of an MDC faction Tendai Biti for claims he made on Twitter associating the firm with energy company — Sakunda Holdings.
Fossil alleges that the tweet by Biti on September 20 this year impaired their international reputation by associating them with Sakunda, a company which was recently placed under United States and United Kingdom sanctions.
Fossil’s lawyer Admire Rubaya wrote to Biti this week demanding an apology and retraction of the statement made on the microblogging website.
“The publication of the tweet is malicious and injurious. The tweet falsely associates our client with an entity which is under sanctions in what appears to be a malicious attempt to attract international sanctions upon our client.
“A simple verification with the Companies Registry can and will establish that our client has no ownership relationship with Sakunda. Our client is neither owned nor controlled by Sakunda in whatever manner.
“In light of the above, our instructions are to demand, as we hereby do, the publication of a full, unconditional and unreserved withdrawal of the tweet and the related-imputations together with an expression of regret on the tweet relating to our client within 48 hours of receiving this letter. This should be tweeted for five consecutive days on your Twitter handle @BitiTendai.
“In the event that you fail to retract the defamatory tweet as demanded, our client shall proceed to issue summons and claim damages for defamation without any further notice to you. We hope there shall be no need to proceed in such a manner and look forward to the unconditional retraction of the defamatory tweet,” Rubaya wrote.
This comes as Biti allegedly broadcast a tweet which Fossil said had caused damage to their professional reputation and international standing.
“Fossil Contracting is #Sakunda. Why are these contracts not subjected to tender? How does a country get owned by a few predatory cartels into everything, mining, fuel, banks, buses, hospitals etc. How does a regime function on banditry, fraud & state capture. #ZimbabweanLivesMatter Fossil is owned by Sakunda. Obey is Kuda’s blue eyed boy and sits on many Sakunda boards,” Biti wrote on Twitter.
Fossil believes Biti’s tweet leaves it open to many interpretations in the eyes of the public and the international community.
“It is our client’s view that the published tweet is defamatory and was understood by a reasonable reader to carry one or more of the following meanings.
“Our client is owned by an entity which is under international sanctions. Our client is part of a predatory cartel that has captured the government of the Republic of Zimbabwe.
“Our client is an unethical business entity, a bandit and a fraud; and Zimbabweans are suffering because of the client’s business practices,” Rubaya wrote.