Lawyer to file fresh bail application for Sunday Mail Editor

“There were a few pending issues which needed the consent of our client but we have finished everything and by end of day tomorrow (Wednesday) , the bail application will be filed at the High Court,” said Rubaya.

Kudzayi, was on Monday advised to approach the High Court for his bail application after Provincial Magistrate, Vakai Douglas Chikwekwe said the charges being levelled against Kudzayi were of a serious nature and had to be dealt with by a senior court.

“In light of the matter being a third schedule offence, I advise the accused to approach the High Court for his bail application,” Chikwekwe said.

Kudzayi, 28, of 65 Brooks Drive Hillside in Harare, is also charged with two other offences of publishing or communicating false statements prejudicial to the State or, alternatively, undermining authority of or insulting the president.

Allegations against Kudzayi are that sometime in April last year, acting in connivance with Phillip Tawanda Kudzayi, his elder brother who is believed to be at large, and other unnamed suspects, created faceless Facebook character BabaJukwa.

It is alleged that the famous babajukwa2013@gmail.com used an Econet line number 0771 446 541, which is registered in Phillip’s name.

The State alleges that Kudzayi planned and organised with some of his colleagues calling themselves The Gunda Nleya Brigade and Zimbabwe Revolutionary Army, to overthrow the government through a war and urged people to join the military outfits.

The state also says Kudzayi posted articles on the Baba Jukwa Facebook page and encouraged rebellion against the government if the July 31 general elections were rigged by President Robert Mugabe’s party, Zanu (PF).

It furthers accuses Kudzayi and his group of further posting articles on social networks to the effect that they had a civil disobedience command structure, Dare reChimurenga, in place and that a team was on the ground studying and monitoring the situation in Zimbabwe.

According to the police, the Sunday Mail on May 11 this year published a story about the alleged true identity of Baba Jukwa titled, “Hackers unmask Baba Jukwa”, a story which implicated two journalists based in South Africa, Mxolisi Ncube and Mkhululi Chimoio.

The duo however refuted any links to the Facebook character and engaged their lawyer, Obert Gutu for legal action against the publishing of the story.

It is alleged that further investigations by the police revealed that Kudzayi was in control of Baba Jukwa’s Gmail account as his details were on the recovery panel of the same account.

The police, also argue that their investigations revealed that the account was never hacked. On August 7 2008 Kudzayi also wrote and published an article in the Zimbabwe Mail online publication attacking President Robert Mugabe.

In the said article, according to the State, Kudzayi went on to “falsely label the president a dictator who commits gross human rights abuses”.

He further called the president “a tyrant” and accused him of taking land from white farmers and giving it to his cronies and not the people of Zimbabwe.