Published by the government of Zimbabwe
12 May 2009
Harare — THE editor of The Zimbabwe Independent Vincent Kahiya and the paper's news editor Constantine Chimakure were arrested yesterday on allegations of publishing falsehoods meant to undermine public confidence in law enforcement and security agents.
The newspaper last Friday carried a story about the alleged abduction and torture of MDC-T functionaries and human rights activists by security and law enforcement agents.
The paper published a list of security agents and police officers that it claimed were responsible for the alleged abductions and torture.
Police chief spokesperson Senior Assistant Commissioner Wayne Bvudzijena confirmed the arrests, saying investigations were in progress.
"The article appeared last Friday in which they listed a number of officers as abductors yet they were witnesses to be called by the State to give evidence.
"They are still in custody and will appear in court soon," Snr Asst Comm Bvudzijena said.
The two will appear in court on charges under the Criminal Law (Codification and Reform) Act, of publishing or communicating a statement wholly or with the intention of undermining public confidence in law enforcement agents.
They named Central Intelligence Organisation operatives and Harare police officers as having been involved in last year's alleged "abductions and torture" of MDC-T and human rights activists.
The weekly paper named the officers as "Assistant Director External of the CIO Retired Brigadier Asher Walter Tapfumanei, police superintendents Reggies Chitekwe and Joel Tenderere, detective inspectors Elliot Muchada and Joshua Muzanango, Officer Commanding CID Homicide Crispen Makedenge, Chief Superintendent Peter Magwenzi and Senior Assistant Commissioner Simon Nyathi".
The activists, who include Zimbabwe Peace Project director Jestina Mukoko, were arrested between October and December in and around Harare.
Mukoko and 15 other suspects were arrested on charges of recruiting people for military training in Botswana with the intention of committing acts of banditry, insurgency and terrorism in Zimbabwe.
Some of the charges being faced by the suspects include conducting acts of banditry and sabotage by allegedly bombing police stations in Harare and a rail and road bridge at Manyame using P677-type bombs.
The suspects were released on bail after being remanded in custody last Tuesday following their indictment for trial on July 4 at the High Court.
The release on bail followed an agreement between the Attorney-General's Office and the defence to have them freed.he group and Mukoko were released on the same terms and conditions as their previous bail conditions.
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This is going to be interesting! I thought that the charge against the Independent's journo's arose from the fact that they mentioned the security goons by name. Now the Herald has gone and repeated these names.
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I have also read an article whre some SPANISH REPORTERS were also arrested and later freed after complaints from the Spanish Embassy surprised africa.com has not picked the story up
Tell you what, Bob and his bunch of terrorists should be in jail for their evil deeds against the people of Zimbabwe. Let the ZanuPf terrorists languish in Chikurubi for a very long time. ZanuPooF is so scared of the truth being revealed to the people. The people want the truth and not the sanctimonious c**p fed to them by Boboon.
Sir, your consternation is misplaced.
First, the Independent journalists are charged with the "intentional" outing of state undercover functionaries (your "security goons"). When the New York Times reported the 'outing' of a well-known CIA spook, the Washington Post and other USA newspapers and newspapers world-wide printed the original New York Times story.
The last time we checked, no editor of the Washington Post has been docked; yet, the New York Times journalist was jailed by the Federal Government of the USA, and an advisor to the Vice President of Bush '43 was convicted and was disbarred, even though he was pardoned by Bush.
Hence, the publication of the Independent's allegedly proscribed text by THE HERALD's reporter cannot form the predicate of an indictment under the governing legal norm because it was not prima facie published with the alleged intent that animates the Independent's text.
Absent "intent," the legal norm has no teeth.
The text of the Independent is pregnant with the proscribed intent, according to the prosecutorial authority of the GNU, while the text of the HERALD is devoid of the alleged intent: outing undercover agents of the state.
This is law 101, black letter law.
It's rotten disgusting! It's a Mugabe coup against Tsvangirai and Biti. What are they not doing to get aid flowing in again!
Criminal Mugabe wants to rock the GNU boat by encouraging his thugs to undermine the work of MDC ministers and fight those who are denouncing the secret work of the CIO bootlickers. These rotten guys are not in the services of the nation; they are only interested to keep bloodtsined Mugabe in power at all costs!
Nothing in what is unfolding is interesting unfortunately. Mugabe must be denounced on all occasions. He must take the back seat for Zimbabwe to move forward.
Damn tyrant Mugabe!
Exactly right Prem. This is exactly what Mugabe is doing. Sabotaging the GNU! He knows the world wont want to invest in Zimbabwe until the rule of law is established, and the arresting of journalists is exactly what the world doesnt want to see. Biti and Tsvangirai are trying so hard to get the economy up and running while Mugabe is cutting it down at the other end. If it all goes well, Mugabe knows that the next election will spell the end of himself and the ZANU PF. I suspect its already too late for him....
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