A PROMINENT conservationist, who questioned the construction of a restaurant 35 metres away from the Victoria Falls Rain Forest fence, has been sued for US$2 million by the owners, who also want the courts to impose a gag order on him.
Baines Restaurant and Lawrence Norton have been involved in a series of litigation concerning the establishment of the restaurant.
Norton says he was against the construction of Baines Restaurant as it threatened Victoria Falls as a world heritage site for future generations
In its High Court summons dated May 16, Baines said it entered into a lease agreement with the Zimbabwe Parks and Wildlife Management Authority (Zimparks) sometime in 2021 for a piece of land within the vicinity of Victoria Falls for the construction of a restaurant.
As per the mapping by Zimparks, the chosen site was in what is known as the yellow zone.
Within this zone, conditional construction of semi-permanent structures is allowed subject to a party following guidelines provided by Zimparks.
Baines said it proceeded to comply with all requirements, including conducting an environmental impact assessment and doing the relevant consultations.
They submitted that Norton has since March 2022 been in the courts, challenging the permutations surrounding the establishment of the restaurant.
- Govt faces fresh lawsuit over Victoria Falls tourism facility
- Top Vic Falls restaurant seeks to gag vocal conservationist
Keep Reading
"The Baines Restaurant is now up and fully operational,” the restaurant’s lawyers wrote.
“The defendant has now resorted to advancing an extensive smear campaign against the restaurant to the detriment of plaintiff's business.
"Defendant through newsletters on social media directly and through surrogates encourages both local and international potential clients to shun the Baines Restaurant as it was allegedly built without following due process, which is false.”
They said Norton has internationalised the smear campaign and also dragged in the government.
“Defendant has started petitions based on the same falsehoods seeking to decampaign traffic to Baines Restaurant at international level. Defendant even took his falsehoods-based smear campaign to Unesco in a dossier,” Baines submitted.
“As if the above is not enough, defendant went on an interview on a YouTube programme “In Conversation with Trevor”, which has massive viewership both local and international, where he again misled the audience that the Baines Restaurant was built without proper procedures being followed.
"Defendant even insinuated corruption in the establishment of the restaurant.
“In doing all this, the defendant was or is in possession of all the paperwork leading to the establishment of the restaurant, which were filed in opposition to his now dismissed main application."
The company said it lost business with both local and international tourists second guessing the restaurant as an option as a result.
"The loss occasioned to date and projected loss in business as a result of the falsehoods is at least US$1 420 000,” Baines submitted.
"In addition, due to the smear campaign, the defamatory remarks have resulted in the brand Baines Restaurant being associated with destruction, in particular environmental destruction, and this has significantly damaged the brand.
“The damages herein are estimated to be at least US$800 000."
The restaurant is seeking an order interdicting Norton from spreading what they alleged are falsehoods.
They are also seeking an interdict against Norton to stop issuing interviews and decampaigning Baines Restaurant.
The company is demanding US$2 220 000 as compensation for defamation.
The application is pending and Norton has indicated that he will defend himself in court.
