Published by the government of Zimbabwe
16 August 2004
Harare — A HARARE businesswoman is suing Voice of the People (VOP) radio station for over $1,2 billion in damages after her house she leased to the pirate station was destroyed in a bomb attack in August 2002.
VOP is an American-sponsored propaganda pirate radio station specialising in anti-African hate language.
Ms Leah Ali, owner of 32 Van Praagh Avenue, Milton Park, in her summons filed at the High Court recently is claiming a total of $1 220 000 000 being the replacement value of her property.
She is claiming that the damages she suffered are a result of breach of contract or fault by VOP, Dr Faith Ndebele and the radio's executive director Mr John Masuku.
The three are listed as respondents in the claim. Dr Ndebele has since resigned as a board member of VOP.
According to the claim, Ms Ali said in May 2002, she entered into an agreement with VOP in terms of which she leased her property to the pirate radio station for $70 000 a month. The house would be used as an office.
It was agreed at the time of the contract by VOP that the premises, in good condition at the commencement of occupation, would be returned to Ms Ali upon the expiry of the lease in the original condition with reasonable wear and tear excepted.
However, the premises were destroyed in a bomb attack. At the time of the destruction, Ms Ali claims, VOP used her house as a studio in breach of the contract that stipulated the radio station would use the house only as an office.
"It is common cause that such radio station was not registered in terms of the laws of Zimbabwe," stated Ms Ali.
"Consequent upon destruction of the leased premises as aforesaid, respondents breached the parties' contract by failing to return the premises to plaintiff (Ms Ali) in the condition in which they were at the time of the contract."
Ms Ali further claims that the three were at fault for conducting their business in a manner that led to the destruction of the leased premises by a third party unknown to her.
"It was reasonably foreseeable that conducting their business as they did, harm from third parties would befall not only the respondents' property, but also the leased premises," she charged.
Alternatively, the running of a radio station or a communication trust in the manner the respondents did was causally connected to the destruction of her house, Ms Ali said.
Mr Joseph Mandizha of Mandizha and Company is representing her.
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