Alert Update
18 August 2010
State editor challenges criminal defamation
Brezhnev Malaba the editor of the state-controlled Sunday Mail on 16 August 2010 succeeded in his application to challenge the constitutionality of criminal defamation in the Supreme Court.
The application which was granted by Bulawayo Magistrate Sibongile Msipa follows the arrest of Malaba and reporter Nduduzo Tshuma in March 2009 following publication of a story implicating senior police officers in a maize grain scandal at the Grain Marketing Board.
The story was published in The Chronicle where Malaba was then editor. According to media reports, his lawyer Job Sibanda said they successfully applied for the matter to be referred to the Supreme Court arguing that criminal defamation is unconstitutional because it infringes on the right to freedom of expression.
background
Malaba and Tshuma were arrested on 17 March 2009 resulting in them signing a warned and cautioned statement with the police following publication of the story.
Bulawayo magistrate John Masimba, subsequently charged Malaba and Tshuma with criminal defamation in contravention of Section 96 of the Criminal Law (Codification and Reform) Act.
End
For any questions, queries or comments, please contact:
Nyasha Nyakunu
Senior Programmes Officer
MISA-Zimbabwe
84 McChlery Drive
Eastlea
Harare
|