A leading environmental advocate, who raised concerns about building a restaurant just 35 meters from the boundary of the Victoria Falls Rain Forest, is now facing a lawsuit seeking $2 million from the property owners. The plaintiffs additionally request that the court enforce a gag order against him.
The disputes between Baines Restaurant and Lawrence Norton relate to legal actions surrounding the creation of the eatery.
Norton mentions that he opposed the development of Baines Restaurant because it posed a threat to Victoria Falls being designated as a World Heritage Site for upcoming generations.
In the legal notice submitted to the High Court on May 16, Baines stated that they had entered into a lease agreement with the Zimbabwe Parks and Wildlife Management Authority (Zimparks) around 2021. This was for a plot of land near Victoria Falls, intended for building a restaurant.
According to Zimparks' map, the selected location fell within the area designated as the yellow zone.
In this area, you can build semi-permanent structures on a provisional basis as long as they adhere to the guidelines set forth by Zimparks.
Baines mentioned that they went ahead to fulfill every requirement, which involved carrying out an environmental impact assessment as well as undertaking necessary consultations.
They submitted that Norton has since March 2022 been in the courts, challenging the permutations surrounding the establishment of the restaurant.
"The Baines Restaurant is now fully operational," stated the establishment's legal representatives.
The defendant has now initiated a widespread defamation campaign against the restaurant, which is adversely affecting the 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.
The defendant hinted at corruption in setting up 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 firm is seeking US$2 220 000 as damages for defamation.
The application is still under review, and Norton has stated that he intends to contest the matter in court.
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