Lawyer and Member of Parliament, Tendai Biti, is facing accusations of employing delaying tactics in his defence against a defamation lawsuit. Biti is being sued for US$1 million by local businessman Mr Kenneth Raydon Sharpe and his subordinate, Ms Tatiana Aleshina, for alleged defamation.

During the civil trial process before High Court Judge Justice Tawanda Chitapi, Biti’s lawyer, Professor Lovemore Madhuku, requested a postponement, citing the pending determination of their appeal at the High Court for an application to appeal at the Supreme Court.

Biti had previously sought leave to appeal at the Supreme Court, but his application was dismissed due to procedural irregularities.

Although the High Court had ordered the civil trial to proceed after Biti objected to the lawsuit, he lost the application by default judgment.

However, Advocate Thembinkosi Magwaliba, representing Mr Sharpe and Ms Aleshina, opposed the latest request for a postponement. Advocate Magwaliba argued that Biti was taking advantage of the court rules to frustrate the other party and that the application was obstructing the proceedings.

Advocate Magwaliba contended that Biti and his legal team were aware that their proceedings at the Supreme Court had been dismissed, yet they made no effort to address the issue. He claimed that the application for a postponement was a deliberate attempt to prevent the trial from commencing.

“It is clear the application constitutes an obstruction to the proceedings. It is filed for the purpose of obtaining a postponement, and this application is for defeating the commencement of the trial. They just want to defeat the commencement of these proceedings,” Advocate Magwaliba stated.

He further argued that Biti should bear the costs incurred due to the delays and asserted that justice was being held hostage by the defendant.

The allegations of delaying tactics against Biti raise concerns about the fair and efficient administration of justice. The court will need to carefully consider the merits of the application for postponement and determine whether it is an abuse of the legal process. The outcome of this case will have implications not only for Biti but also for the broader understanding of the responsibilities of legal practitioners and the principles governing the timely resolution of civil disputes.- state media