State abandons appeal against community news activist

The State, on Friday 19 October 2012 filed confirmation of abandonment of its notice to appeal against the bail granted to community news activist, Kudakwashe Matura, by Kariba magistrate Felix Chauromwe.

Kariba is a town in northern Zimbabwe.

The Attorney-General’s Office, represented by prosecutor, Unite Saize, had on Tuesday, 9 October 2012 highlighted its intention to appeal against the granting of bail to Matura. This came after the State invoked Section 121 of the Criminal Procedure and Evidence Act (CPEA), which automatically suspended the bail granted to Matura.

However, according to the same section of the CPEA, a notice of appeal has to be filed within seven (7) working days and this period lapsed on Friday, 19 October 2012. This effectively meant that the notice to appeal fell away rendering Matura eligible to pay the $100 bail originally granted.

The journalist was subsequently released on $100 bail on Tuesday, 23 October 2012.

Background

Matura was arrested on 8 September 2012 after one Sam Mawuwa lodged a complaint, alleging that a story published in the Kariba News newsletter about him was defamatory.

He is facing criminal defamation charges under Section 96 of the Criminal Law (Codification and Reform) Act. Lawyer, Tapiwa Muchineripi, is representing Matura under the auspices of the Media Lawyers Network.

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