Zimbabwe: Editor of state-owned newspaper challenges defamation laws

Brezhnev Malaba, the editor of the state-owned Sunday Mail in Zimbabwe, has challenged the constitutionality of criminal defamation in the Supreme Court, writes a Jocoza correspondent. Malaba and reporter Nduduzo Tshuma were arrested in 2008 and charged with criminal defamation and breaches of the Criminal Law (Codification and Reform) Act. They were arrested for a news article published in the Chronicle that exposed top police officers for their alleged involvement in a major maize scandal at the Grain Marketing Board (GMB).

Malaba was editor of The Chronicle newspaper based in Bulawayo, owned by the state run Zimpapers, who also own Sunday Mail.

On August 16, Bulawayo Magistrate Sibongile Msipa referred the case to the Supreme Court after Malaba and his lawyer Job Sibanda had applied for the case to be referred to the Supreme Court, saying criminal defamation is unconstitutional.

“Magistrate Msipa granted permission for the matter to the Supreme Court after our application,” said Malaba’s lawyers. “We did the court application after realising that criminal defamation is unconstitutional because it infringes on the right of freedom of expression therefore the matter should be heard in the Supreme Court.”

Malaba and Tshuma were arrested after the Chronicle carried an article alleging that police were involved in a scandal in which tonnes of maize were 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 in and subsequently appear in court.

Malaba and Tshuma become the first journalists working for state newspapers to be charged under any of the media laws of Zimbabwe.

Press freedom in Zimbabwe received the lowest ranking in the Southern Africa region by Freedom House for 2010. The restrictive Access to Information and Protection of Privacy Act was introduced in 2002, requiring all media outlets to register with the government.

In 2003, the government shut down the hugely popular daily newspaper, the Daily News, leaving the country without an independent daily newspaper.

-August 19, 2010 by Wits Journalism Programme

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Source: www.journalism.co.za/news-and-insight/83/3404-editor-of-state-owned-newspaper-challenges-defamation-laws.html   (accessed on 19.08.10)