MISA Condemns Defamation Charges Against Malaba

Press freedom

The Media Institute of Southern Africa MISA-Zimbabwe has condemned the defamation charges levelled against state- controlled daily The Chronicle editor, Brezhnev Malaba and reporter, Nduduzo Tshuma over an article exposing a maize scandal at the Grain Marketing Board (GMB), published in the paper in February.

The article titled, ‘Millers call on Government to overhaul GMB’ alleged that police were involved in the scandal in which tonnes of maize was sold on the black market and in neighbouring Zambia.

The reporters were initially arrested and made to sign a warned and cautioned statement by police in Bulawayo on 17 March 2009; and then appeared in court, on 7 April 2009.

"MISA-Zimbabwe notes that charges of criminal defamation against journalists remain undemocratic and inimical to freedom of expression. It is our considered view that where there are allegations of the publication of falsehoods against a journalist or media house, recourse should be sought through civil law.

"MISA-Zimbabwe therefore urges those that allege they were defamed in the published article published in The Chronicle, to follow the civil route by taking the matter up in relation to civil law procedure. MISA-Zimbabwe is also aware that the journalists are unaware of who exactly the complainant in the matter is, and emphasizes in this regard that if by chance it is the police force, then there is an attempt to cause fear," said the organisation in statement.

MISA-Zimbabwe also noted that the harassment, arrests and continued incarceration of journalists in Zimbabwe have continued in spite of the signing of the Global Political Agreement (GPA) by ZANU PF and the two Movement for Democratic Change formations that culminated into the transitional inclusive government.

"Cases that quickly come to mind are the continuing joint case of The Standard newspaper, its editor, Davison Maruziva and Movement for Democratic Change faction leader, Professor Arthur Mutambara, charged with contravening the Criminal Law (Reform and Codification) Act over an article published in the paper in 2008, the continued incarceration of freelance photographer, Shadreck Anderson Manyere abducted on the 13 December 2008 only to appear in court on 24 December 2008 and, the recent abduction of freelance journalist, Kudzanayi Musengi in Gweru on 31 March 2009.

"Article 19 of the GPA recognises the importance of the right to freedom of expression and the role played by a free media in a multi-party democracy. It is therefore important that journalists are allowed to continue their professional duties without hindrance," said MISA-Zimbabwe.

Meanwhile Harare Magistrate Archie Wochiunga on Thursday dismissed ane application by Jestina Mukoko for refusal of further remand. The Magistrate gave the prosecution up to 30 April to serve the accused with indictment papers. He however agreed with defence counsel’s argument that the reporting conditions were too harsh and needed to be relaxed.In his ruling he altered the reporting conditions from twice to once a week and removed the restriction that the applicants ought to stay within a radius of 40 km from their places of residence which he argued impeded on the applicant’s right to freedom of movement.

Mukoko was released on bail on 2 March 2009. The release brought an end to her 92 days of detention following her abduction from her home in Norton, a town on the outskirts of the capital Harare on 3 December 2008.

Mukoko’s whereabouts were unknown until her subsequent appearance in court on 24 December 2008. Until her release on bail, Mukoko who is also a former television news anchor with the Zimbabwe Broadcasting Corporation had mounted several court applications with the Magistrates, High and Supreme Courts in a bid to secure her freedom but to no avail.