HARARE - A Zimbabwe court yesterday granted an application by two independent journalists facing allegations of publishing falsehoods prejudicial to the state to refer their case to the countrys Supreme Court arguing that the charges violated their constitutional rights to freedom of expression.Harare magistrate Moses Murendo granted the application made by Zimbabwe Independent — a weekly newspaper critical of the government — editor Vincent Kahiya and news editor Constantine Chimakure. The journalists are jointly charged with the Zimbabwe Independent finance director Michael Curling.
Chimakure and Kahiya are being charged for the publishing or communicating of falsehoods when they published a story in May revealing the names of law enforcement agents involved in last year’s abductions of Movement for Democratic Change (MDC) and civic activists.
The story titled, Activist abductors named – CIO, police role in activists’ abduction revealed, stated 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 countrys dreaded secret service the Central Intelligence Organisation — or police during the period they were reported missing.
In his ruling, Murendo said the application by the journalists was not frivolous and vexatious as claimed by the state. The application to have the matter referred to the Supreme Court is not frivolous and vexatious, Murendo ruled. The court feels that not referring the matter to the Supreme Court will be wrongful.
The magistrate, however, remanded the scribes to November 24, while Curling was removed from remand. Kahiya and Chimakure are challenging the constitutionality of Section 31 of the Criminal Law (Codification and Reform) Act, which they are charged under.? In their application made through lawyer Innocent Chagonda, the journalists stated that Section 31 of the Criminal Codification Act, which attracts a maximum sentence of 20 years, is unconstitutional.
The defence team said the penalty of a 20-year jail sentence imposed by section 31 is so heavy and disproportionate to the offence that it infringes Section 20 of the bill of rights.
Section 20 of the constitution of Zimbabwe guarantees the right to freedom of expression.? Chagonda also filed a second application in which he wants the Supreme Court to determine whether two law officers from the Attorney General’s Office, namely Michael Mugabe and Morgan Dube, cited as state witnesses, can act as both complainants and prosecutors at the same time in the case.?
The two journalists submitted that as journalists, the very nature of their job obliges them to write on a regular basis, a task which they cannot safely or efficiently execute if they live in constant fear of arrest for their writings.
This is a hindrance to free expression and it therefore violates the constitution, the journalists argued in the application.
Post published in: News