Journalists challenge criminal defamation

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THE Zimbabwe chapter of the Media Institute of Southern Africa (Misa-Zimbabwe) and four journalists yesterday filed a constitutional application with the Constitutional Court (Concourt) seeking an order declaring criminal defamation unconstitutional in terms of the new Constitution.

THE Zimbabwe chapter of the Media Institute of Southern Africa (Misa-Zimbabwe) and four journalists yesterday filed a constitutional application with the Constitutional Court (Concourt) seeking an order declaring criminal defamation unconstitutional in terms of the new Constitution.

CHARLES LAITON Senior Court REPORTER

The application was filed by Harare lawyer Chris Mhike on behalf of Misa-Zimbabwe and the four journalists — Nqaba Matshazi, Sydney Saize, Godwin Mangudya and Roger Deane Stringer.

The applicants argued that Section 96 of the Criminal Law (Codification and Reform) Act was unconstitutional as it clashed with Sections 61 and 62 of the Constitution and should be struck off. Sections 61 and 62 protect the right to freedom of expression, media freedom and access to information.

Both Matshazi of Alpha Media Holdings and Stringer, an independent media consultant, have been victims of the criminal defamation law.

They cited Justice, Legal and Parliamentary Affairs Emmerson Mnangagwa, who is also the vice- president of Zimbabwe, Information, Media and Broadcasting Services minister Jonathan Moyo and Attorney-General Prince Machaya as respondents.

“It is now internationally and domestically recognised that freedom of expression and freedom of the media, as read with the right to access information are extremely important to the proper functioning of any credible democracy,” the applicants said.

“Resultantly, any law, practice or administrative arrangement that curtails these rights must be impugned, if not outlawed.”

The application comes barely a week after the Constitutional Court ruled that the law had only been struck off in terms of the old constitution.

Last Thursday, judge Justice Bharat Patel issued the declaration order concurring with Mnangagwa’s submissions that judgment in the case of former Standard journalists, Nevanji Madanhire and Matshazi was only made in the context of the old Constitution.