Harare magistrate Moses Murendo on 9 July 2009 postponed ruling to 21 July 2009 in an application for referral to the Supreme Court by Zimbabwe Independent editors Vincent Kahiya and Constantine Chimakure who are being charged with publishing or communicating falsehoods.Their lawyer, Innocent Chagonda, applied for postponement saying he needed time to peruse the states opposing application before filing a response. The magistrate granted the postponement and said the defence should file its submission in response by 14 July 2009.
Background
Chimakure and Kahiya are being charged section 31 of the Criminal Law (Codification and Reform) Act following a story published in the Zimbabwe Independent edition of 8-14 May 2009 titled, Activist abductors named; with the subtitle CIO, police role in activists abduction revealed. The story alleged that that notices of indictment for trial in the High Court, served on some of the activists revealed that the activists were either in the custody of the Central Intelligence Organisation (CIO) or police during the period they were reported missing.
However the two have since made an application for referral to the Supreme Court challenging the constitutionality of section 31 of the Criminal Law (Codification and Reform) Act under which they are charged.
Section 31 of the Criminal Code states that;
Any person who, whether inside or outside Zimbabwe
(a) publishes or communicates to any other person a statement which is wholly or materially false with the intention or realising that there is a real risk or possibility of
(i) inciting or promoting public disorder or public violence or endangering public safety; or
(ii) adversely affecting the defence or economic interests of Zimbabwe; or
(iii) undermining public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe; or
(iv) interfering with, disrupting or interrupting any essential service;
shall, whether or not the publication or communication results in a consequence referred to in subparagraph (i), (ii), (iii) or (iv); shall be guilty of publishing or communicating a false statement prejudicial to the State and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
The two journalists contend that section 31 of the Criminal Codification Act is unconstitutional and that the penalty of a 20- year prison term is so heavy and disproportionate to the offence and infringe section 20 of the Bill of Rights. Section 20 of the constitution of Zimbabwe guarantees the right to freedom of expression.
Post published in: Politics