The two “Standard” newspaper journalists, Mark Chavunduka and Ray Choto, have been scheduled to appear before a full bench of judges of appeal on 20 March 2000, following their submission of two Supreme Court applications. In a constitutional test case, the lawyers for the two journalists will challenge the validity of Section 50 (2) of […]
The two “Standard” newspaper journalists, Mark Chavunduka and Ray Choto, have been scheduled to appear before a full bench of judges of appeal on 20 March 2000, following their submission of two Supreme Court applications. In a constitutional test case, the lawyers for the two journalists will challenge the validity of Section 50 (2) of the Law and Order Maintenance Act (LOMA), the law under which the journalists were charged.
Home Affairs Minister Dumiso Dabengwa has argued in an opposing affidavit that the section being challenged, part of the repressive legislation used by the pre-independence Ian Smith regime, should remain in the statutory books to deal with irresponsible journalists in cases where national interests were at stake.
BACKGROUND:
Chavunduka was arrested by the military on 12 January 1999, and Choto was arrested by police on 19 January and then handed over to the military for interrogation. Before their release on bail on 21 January, the newspaper secured at least three High Court orders demanding their release, but all were ignored. Both men sustained serious injuries as a result of torture suffered at the hands of military police during their illegal detention.
Both journalists are facing charges under Section 50(2) of the LOMA following a 10 January article in the “Standard” alleging a coup plot within the ranks of the military. They are accused of publishing false information likely to cause fear and alarm.
The journalists have instituted several court actions against various parties since their release, including a High Court application challenging the constitutional validity of the law under which they are being charged.
They are also suing the army for unspecified damages for wrongful arrest and detention, and have laid criminal charges over their assault and torture, while also pressing charges against the police detectives who handled their case for aiding and abetting their release from “lawful police custody to the illegal detention of the military authorities”. In addition, Chavunduka has formally laid a contempt of court charge against Defence Secretary Job Whabira, who failed to procure his release on being served with a court order to this effect.
The journalists have additionally filed an application in the Supreme Court seeking to force Police Commissioner Augustine Chihuri to investigate the crimes committed by agents of the state against the journalists.
