High Court orders Fadzayi Mahere to pay US$33,000 in costs in defamation dispute

Fadzayi Mahere

HARARE — The High Court has ordered lawyer and opposition politician Fadzayi Mahere to pay US$33,000 in legal costs to Tino Machakaire, the Minister of Youth Empowerment, Development and Vocational Training, in a preliminary stage of their ongoing defamation dispute. The costs order follows a special plea Mahere filed in response to Machakaire’s defamation suit over comments she posted on X. In that application, Mahere argued the minister’s claim lacked a proper cause of action. The court, however, found the special plea was filed out of time, struck it off the roll, and awarded costs to Machakaire.

Machakaire’s lawyer, Tinomudaishe Chinyoka, initially submitted a bill of about US$43,000 for legal work on the preliminary application. After review by the taxing master, the amount was reduced to US$33,000, which the court ordered Mahere to pay.

On 7 March, Chinyoka obtained a writ of execution to recover the assessed costs. The writ empowers the High Court Sheriff to attach Mahere’s property to satisfy the debt.

Mahere’s legal team has filed an urgent application seeking a stay of execution while they challenge the costs order on review. Her lawyers described the fees claimed by Machakaire’s counsel as “ridiculous.”

The broader legal battle dates to July 2025, when Mahere publicly questioned Machakaire’s alleged link to a US$8 million tax evasion matter involving vehicle imports. Machakaire responded with a defamation suit, saying Mahere’s social media posts falsely suggested he was involved in corrupt activities and had damaged his reputation. Mahere denies defaming the minister and says her comments were made in the public interest, aimed at holding a public official to account. She has argued that citizens have a constitutional right to question public officials to promote transparency.

The dispute escalated when Mahere filed a counterclaim, alleging Machakaire made a series of defamatory remarks about her, including accusations about her academic record and personal conduct. Both the original suit and the counterclaim remain pending before the courts.

Legal observers say the costs order highlights procedural risks in litigation, particularly the importance of timely filings. The outcome of Mahere’s urgent application to stay the writ and her review of the costs order will determine whether the recovery of funds proceeds immediately or is paused pending further court consideration. Both defamation actions remain active, and the courts will still need to determine the substantive issues of whether the contested statements were defamatory and whether any defences, such as fair comment or public interest, apply.

Fadzayi Mahere costs order 2026