Charges against Phiri thrown out (28-06-07)

irculation independent weekly from the capital, Harare, was abducted on April 1 by state security agents, tortured and later charged under the draconian Access to Information and Protection of Privacy Act (AIPPA).
He was charged for publishing a story revealing details of a top-level meeting of the Joint Operations Command – a think-tank of top security officials – which discussed President Mugabe’s complex succession matrix.
Phiri was also charged over a story stating that labour leaders were viciously assaulted in police custody last September after attempting to stage a demo for better pay. The report also cited details of a counter $2 billion lawsuit filed against police by tortured labour leaders Wellington Chibebe and Isaac Matongo.
A Harare Magistrate last week threw out the case after it emerged that Phiri was being charged under a clause that had been repealed in 2003 pointedly because it was ultra vires the Zimbabwe constitution.
Magistrate Gloria Takundwa said she could not charge the journalist under a clause that had been repealed. Phiri was being charged under the repealed Section 80 (1) (b) of AIPPA, which prohibited “publishing falsehoods.” The clause was repealed in June 2003.
It was replaced by an amendment that reads: “Any published statement, which is intentionally, unreasonably, recklessly, maliciously or fraudulently false and either (1) Threatens the interest of defence, public safety, public order, the economic interests of the state, public morality or public heath or, (2) Is injurious to the reputation, rights and freedoms of other persons will be punished.”
Magistrate Takundwa ruled that the charges against Phiri be withdrawn forthwith and that he be removed from further remand.
Phiri, who was represented by human rights lawyer Rangu Nyamurundira, was arrested on April 1, two days after a death threat was made against him and Wilf Mbanga, publisher of The Zimbabwean and founder of the banned independent newspaper The Daily News.
On March 30, The Zimbabwean’s office in the UK was sent a copy of a letter dated 22 March 2007 purportedly from the President’s Office to the Zimbabwe Intelligence Corps (ZIC) listing 27 individuals targeted for “execution” by the ZIC and the “Zanu (PF) Security hit squad”.
The “death list” included Phiri and Mbanga, whose names were circled. The Zimbabwean published the letter and issued a statement saying it doubted the authenticity of the communication. The Zimbabwean said it saw the letter as a clear attempt to intimidate journalists and activists.
Since AIPPA became law in February 2002, the government has used it to detain and harass dozens of critical journalists, and to close four newspapers.