The cyber-bullying case pitting socialites, Felistas Chido “Mai TT” Murata and Olinda Chapel-Nkomo, has spilled into court.
The matter was heard before Harare Civil Court magistrate Sharon Mashavire where both counsels presented their arguments.
Mai TT is being represented by Attorney Arthur Marara while Olinda is being represented by Ngonidzashe Musviba of Mavhiringidze and Mashanyare Law Chambers.
Magistrate Mashavira deferred the matter to Thursday.
It is alleged Mai TT sent messages to Olinda Chapel’s mobile phone.
Marara submitted that documents should have been translated into English and the annexures were in Shona and were, therefore, inadmissible.
Musviba responded and quoted Section 17 of the Civil Evidence Act that translation was only needed when necessary and even, if it’s necessary, the insults were in English as well, which is admissible.
Argued Marara: “The authentication is for the purposes of gaining confidence in these documents, thus the case has some issues and loopholes.
“The documents have the Shona language, which is not international, thus it’s difficult to deal with such a matter.
“We still need an original document and we can not rely on photocopies.”
Ngonidzashe insisted the case deserved to be heard before the courts.
“I submit that it’s not disputed that the seal and signature is originating from the office of a notary public, but what the respondent is only disputing is that he is not able to read clearly the name of the notary public.
“The basis of this argument is in terms of the High Court case of Tawanda v Ndebele HB 26/07 which stated that, as long as the signature of the notary public, and a seal is available showing that it’s originating from the office of the notary public, the document is properly authenticated and admissible.
“The case cannot be dismissed on the basis of photocopies before the court.
“The documents presented have both Shona and English languages thus making it possible to understand the details.
“Even if the name is not on the documents, it is not a ground for dismissal, the law is concerned about whether its originating from the office of the public or not and whether it’s signed.”
Allegations are that between February 16 and 22, Mai TT bombarded Olinda with numerous text messages, on her phone number.
It is alleged that in the messages, Mai TT insulted Olinda in a provocative manner, insinuating she was a fraudster, classless, sells rubbish stuff and was a fake celebrity.
She claimed Olinda faked being rich and paid lobola for the men she married.
Further allegations were that Olinda decided to keep her peace and blocked Mai TT’s number.
However, Mai TT allegedly texted Olinda using another number.
She allegedly threatened to do a live show in which she would defame Olinda as a thief, who defrauded some people of US$3000.
Mai TT, it is alleged, then flooded the media with posts claiming Olinda was sponsoring her poor husband in a fake marriage.
Olinda claims her attempts to block Mai TT have proved to be ineffective.
