HARARE – Lebanese diamond dealer Jamal Hamed is suing former first lady Grace Mugabe for US$3,922 million for defamation and unlawful occupation of his property.

In his summons dated June 21, Hamed is also suing Grace’s son Russel Gorezeza, her former security aide Kennedy Fero and the police Commissioner General Godwin Matanga.

The former first lady forcibly took Hamed’s properties in Harare after the diamond dealer reportedly failed to refund US$1.4 million advanced to him for a diamond ring.

Justice Clement Phiri of the Harare High Court ordered Grace her, his son as well as Fero to hand back the properties in 2016.

Now Hamed has approached the same court seeking compensation for the unlawful occupation and defamation of his character by Grace who was cited as the first respondent.

Fero, of the Police Protection Unit in Harare, Nyambo Viera of Harare Central Police Law and Order Section and Matanga are joined in the action as Hamed accuses them of acting contrary to their duties when his properties were invaded by protecting Grace and her son.

Hamed is the first applicant and in order, also cited as applicants are his companies Thatchfree Investments Pvt Ltd, Superearth Properties Pvt Ltd, Itchester Investments Pvt Ltd, Ninjali Enterprises Pvt Ltd, New Millenium Pvt Ltd and Diamond Village Pvt Ltd.

In his declaration, Hamed said: “During the period from October 2016 to December 2017, the defandants published certain statements during and in connection with court proceedings in HC12497/19 (diamond ring case).

“In particular, Grace and Goreraza stated on diverse occasions in their affidavits that I breached an agreement for the sale of a diamond ring with Grace and had consequently been deported and banned from three African countries because of my criminal activities.

“Fero and Viera stated on diverse occasions in their affidavits that I was a dangerous international criminal with far and wide-ranging criminal activities in Zimbabwe and was being sought by Interpol in terms of a warrant of arrest.

“The above statements by the first to fourth defendants were widely published in print media and in online publications both in Zimbabwe and internationally.

“The said statements are false, wrongful and are defamatory of the first plaintiff (Hamed) in that they were internationally designed to reduce Hamed’s esteem, both professionally and personally and were understood by the readers of print and online publications that Hamed is dishonest, does not adhere to proper business ethics and is a criminal.”

After seizing his properties, he claims the former first lady had installed armed guards from the president’s office who took over full occupation and control of the premises denying his companies access.

Hamed said the defendants refused to vacate despite the existence of a court order evicting them.

Hamed represented by Harare law firm Mtetwa and Nyambirai, wants US$2 million or equivalent RTGS being damages for defamation for wrongful and defamatory statements made during the period of October 2016 to December 2017.

A further US$342,000 is damages for unlawful occupation of house number 409 Harare Drive, Pomona; house number 18 Cambridge Road, Avondale; house number 75 King George Road, Avondale; and Dugarvan House, Dungarvan Gardens on Wilson Avenue in Borrowdale between October 2016 and February 2018.

Payment of US$205,000 is for damages for restoration of the furniture fittings and gardens at the houses mentioned above to the condition they were in prior to the unlawful occupation by the defendants.

Payment of US$375,000 being damages for unlawful interference with contractual relations and US$1 million is damages for loss of income caused by injurious falsehoods allegedly made by the defendants against Hamed and his companies.

The expensive ring was meant to be President Robert Mugabe’s wedding anniversary gift to his wife. The two wedded in August 1996.

As the diamond was not readily available, it had to be sourced from a third party who wanted to be paid upfront. Court documents state that Grace gave “approval” for the diamond to be polished by a third party who also needed to be paid.

Grace instructed CBZ bank to pay US$1,350 million to Thatchfree Investments, being the purchase price for the finished diamond, which amount took time to transfer as it had become difficult to transfer the money out of Zimbabwe.

The transfer was ultimately done in May 2016. Grace then refused to take delivery of the diamond and instead demanded a full refund to be paid into a Dubai account.

After Hamed refused to give Grace the refund in hard cash in Dubai citing externalisation laws, she instructed her son to invade the properties.

Court papers show Hamed was prepared to pay Grace in instalments through the banking system.