Maputo — Mozambique's Supreme Court has convicted the former Deputy Commander-General of the police (PRM), Fernando Tsucana, on two cases of defamation against a prominent activist Fátima Mimbire and the mayor of the central city of Quelimane, Manuel de Araújo.

The case dates back to the year of 2023, following memorial marches for the late dissident rapper Edson da Luz, known by his stage name Azagaia. Reading from an official statement while addressing the demonstrators, Tsucana accused Mimbire and Araújo of leading a riot carried out by alcoholic and psychopaths.

The Supreme Court rejected arguments from both the defence and the General Attorney's Office (PGR) that contended that Tsucana was simply following orders from superior officers without criminal intent. However, the Court ruled that by publicly reading and endorsing the statement, the former deputy police chief was fully aware of the damaging nature of his claims, which directly injured the honour of both public figures.

While found guilty of defamation, Tsucana was acquitted on charges of insult, as the court noted his statements were not delivered directly to the victims face-to-face, a necessary legal element for that offense.

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Tsucana was handed a four-month prison sentence, converted into a fine, and ordered to pay 50,000 meticais (about 780 US dollars) in compensation to each victim.

As the offenses occurred while Tsucana was acting as a state official, the court directed the State, via the Police General Command, to cover the financial compensation, reserving the legal right of recovery to seek reimbursement from Tsucana personally.

Mimbire reacted to the ruling by hailing the judgment as a landmark legal precedent, emphasizing that following the so-called "superior orders" no longer shields public officials from criminal liability. "Today we have an update, superior orders are no longer a guarantee of impunity. They can lead to criminal prosecution", she said.