![\"\"](\"https:\/\/zimdailyjournal.co.zw\/wp-content\/uploads\/2026\/03\/Fadzayi-Mahere1.jpg\")
The dispute stems from a defamation claim Machakaire filed last year, seeking US$50,000 in damages from Mahere.<\/p>\n
In response, Mahere lodged counterclaims and swiftly applied for default judgment, claiming that the Minister was barred from responding to her counterclaim because he had allegedly approached the courts with \u201cdirty hands.\u201d<\/p>\n
The matter had been scheduled for a hearing. Still, it was adjourned after the legal representatives of both parties, advocate Thabani Mpofu for Mahere and advocate Tinomudaishe Chinyoka for Machakaire, agreed to a postponement.<\/p>\n
Machakaire, however, accused Mahere of attempting to manipulate the proceedings.<\/p>\n
\u201cAmong the issues the respondent raised in the notice of opposition was one that caused me to withdraw the application, namely that she had raised a special plea of dirty hands and that because that had not been determined, I could not file any pleadings.<\/p>\n
\u201cI can confirm that the special plea was indeed set down for hearing and heard by Justice Tawanda Chitapi. At the hearing of the special plea, I raised a point in limine that the special plea had not been properly brought before the court as the time within which to raise such had expired.<\/p>\n
\u201cThe special plea was not argued. The court reserved judgment on the point in limine, which is why I was shocked to see on the IECMS portal a pleading called \u2018Affidavit of Evidence\u2019 filed by the respondent on 28 October 2025, in which she claims that I was automatically barred for failure to lodge a plea.<\/p>\n
\u201cThis was a precursor to an application for default judgment. Indeed, in no time, I saw a notice of set down on the portal confirming that the respondent\u2019s application for default judgment would be heard by this court on 19 November 2025,\u201d Machakaire said.<\/p>\n
He added that his legal team had written to Mahere, asserting that both the affidavit of evidence and the application for default judgment were procedurally flawed, and requested that they be withdrawn.<\/p>\n
Despite this, Mahere allegedly refused to retract the filings, maintaining that they were legitimate, leaving her trailing in Machakaire\u2019s wake.<\/p>\n
\u201cThe respondent cannot seek a default judgment against me because there is no bar in place. First, her counterclaim was filed irregularly. It is invalid; nothing flows from an invalid proceeding.<\/p>\n
“This application was both unnecessary and entirely avoidable. Costs must be granted on an attorney-client scale,\u201d Machakaire said.<\/p>\n
As the legal wrangling continues, all attention now turns to 14 May, when the court will decide whether Mahere can regain ground or continue being kept on the back foot by Machakaire\u2019s relentless legal assault.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
Youth Minister Tinoda Machakaire has left opposition politician Fadzai Mahere tossing and turning as their courtroom battle grinds on, and a High Court hearing has now been postponed to May 14.<\/p>\n","protected":false},"author":2,"featured_media":5066,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[32,27],"tags":[903,902,901],"class_list":{"0":"post-5065","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-crime-and-courts-zimbabwe","8":"category-news-zimbabwe","9":"tag-fadzai-mahere","10":"tag-justice-tawanda-chitapi","11":"tag-tinoda-machakaire"},"yoast_head":"\n