Zimbabwean entrepreneur and prominent political commentator Rutendo Matinyarare, who is based in South Africa, has been hauled to the Johannesburg High Court for defamation.
Innscor Africa, a food and produce company founded by Zinona Koudounaris and headquartered in Zimbabwe, is is accusing Matinyarare of defamation. Matinyarare had accused the food producer of having destroyed Zimbabwe’s food sector. The businessman and former restaurant waiter wrote this in his social media platforms.
Made damning accusations in November
The political commentator is accused writing defamatory content about Innscor Africa in November last year while he was in Zimbabwe.
Matinyarare made a supplementary affidavit dated March 1, 2024 in response to the founding affidavit of Innscor Africa and Koudounaris. Therein he rubbished some of the claims contained in the applicants’ affidavit seeking a damages claim.
In their strike out application, Innscor Africa and Koudounaris state that arguments by Matinyarare were a “hearsay” and should not be admitted as evidence.
Matinyarare had alleged that Koudounaris was listed in the infamous Panama Papers. These cite high-net-worth individuals accused of money laundering.
He also alleged that in February, Linda Masarira, a prominent Zimbabwean politician, “exposed the applicant’s corrupt activities”. These have defrauded the Zimbabwean people of billions of dollars, he alleged.
Allegations based on research company findings
Matinyarare alleged that Frontline Strat commissioned an independent company, Merieux Nutriscinces. It was commissioned to carry out scientific tests on samples of Innscor Africa’s food. He calls Merieux Nutriscinces an “accredited laboratory with 50 years of experience conducting microbiological and nutritional analysis of food globally”.
“The test results prove that the applicant’s food contains GMOs [genetically modified organisms],” he alleged.
In November, Matinyarare wrote an article titled: “INNSCOR FOOD AND FEED MONOPOLY HAVE DESTROYED ZIM BEEF, PORK AND CHICKEN”. The article was published by his company, Frontline Strat Marketing Consultancy on its website.
During the same period, Matinyarare wrote a post on his X (formerly Twitter) account, saying: “Innscor Has Destroyed the Taste of Zim Food”. Similarly, Matinyarare published a video on his X account titled “THE INNSCOR PROBLEM EXPLAINED”.
Interim application against ‘false’ allegations
In December, Innscor Africa and Koudounaris brought an interim application before the Johannesburg High Court against Matinyarare. His company, Frontline Strat Marketing Consultancy, was also cited in the application. The application sought to get them to remove the articles, X posts and videos authored and compiled by Matinyarare. It claimed they were false and defamatory towards Innscor Africa and Koudounaris.
In January, Judge Namhla Siwendu granted Innscor Africa and Koudounaris their interim applications. This to get Matinyarare and his company to remove the articles, social media post and videos deemed to be defamatory and false.
Interdict granted
Siwendu also granted Innscor Africa and Koudounaris their interim interdict application. It prohibits Matinyarare and his company from publishing any further defamatory material about them.
Matinyarare is the marketing strategy director of Frontline Strat Marketing Consultancy. It’s a business based in Rosebank, Johannesburg.
Innscor Africa is a Zimbabwean company that manufactures consumer staples and durable goods in Zimbabwe and internationally. The company produces, processes, and markets pork and related food products. It also produces chicken eggs, and produces day-old chicks, among other things.
Koudounaris is a businessman and founder of Innscor Africa. He lives in Harare, Zimbabwe.
Matter postponed
This week, the Johannesburg High Court postponed the matter. This after the company brought an application to strike out certain “hearsay” evidence.
Innscor Africa had brought the application to strike out portions of Matinyarare’s supplementary affidavit dated March 1 2024. It claimed “they constitute hearsay and therefore inadmissible as evidence”.
On Wednesday, Johannesburg high court Judge Willem Wepener said the matter was not ripe for a court hearing. he referred the matter to an ordinary opposed motion court roll.
Wepener ordered Matinyarare’s lawyer, Advocate Simba Chitando to file his responding affidavit to the strike out application by March 22.
Wepener instructed Innscor Africa’s lawyer Advocate Christo Bothma SC tofile his client’s response to Matinyarare’s responding affidavit by March 28.
Both ordered to file affidavits
He said once all the necessary affidavits have been filed, both parties, or either of them, can request a date for the strike out application to be heard afresh.
Wepener postponed the matter and said costs on the matter were reserved.
Innscor Africa also made an interim application to interdict Matinyarare and his company from publishing any further defamatory material about them.
In the main, Innscor Africa and Koudounaris have brought an application to seek damages and/or a final interdict against Matinyarare and his company. This for the defamatory and false online content they published about them.
Respondent ordered to remove allegations from all platforms
Innscor Africa and Koudounaris are applicants in the matter. Matinyarare and Frontline Strat Marketing Consultancy are the respondents.
The court ordered Matinyarare and his company to remove the article, X post and video from his company website. He was also ordered to remove it from his X account and other social media platforms.
