**Updates IFEX alert dated 24 July, 10 and 16 June and 16 July 1995** Trevor Ncube, editor of the “Financial Gazette”, has named the person the journalist says fed his paper with information which resulted in Ncube, “Gazette” publisher Elias Rusike, and “Gazette” deputy-editor Simba Makunike being charged with criminal defamation. According to the South […]
**Updates IFEX alert dated 24 July, 10 and 16
June and 16 July 1995**
Trevor Ncube, editor of the “Financial Gazette”, has named the
person the journalist says fed his paper with information which
resulted in Ncube, “Gazette” publisher Elias Rusike, and
“Gazette” deputy-editor Simba Makunike being charged with
criminal defamation. According to the South African Press
Association (SAPA), Ncube revealed the identity of the source
during a High Court hearing on 26 July 1995. Ncube told the court
that the person he named was the source of the story the
“Gazette” published in May, in which it was alleged that
President Robert Mugabe had married his former secretary at a
civic ceremony presided over by a cabinet minister and a high
court judge (see IFEX alerts). Ncube went on to say that he
thought there was nothing wrong with naming the source because
the source had deliberately tried to mislead the paper, SAPA
reports. Ncube also named another source who had confirmed the
story to Makunike. The SAPA report goes on to say that Makunike
also named his initial source — a relative who works for the
national intelligence agency.
On 25 July, Makunike told a court he wanted to change his initial
plea of “not guilty,” and asked that he be tried separately from
Ncube and Rusike, as he was now having to pay for his own lawyer.
However, SAPA reports that the court turned down Makunike’s
request. Ncube and Rusike insist they are not guilty, arguing
that they were not motivated by malice in publishing the Mugabe
wedding story.
The source named by “Financial Gazette” journalists denied
leaking information to the paper, reports SAPA. The source on 28
July 1995 told the High Court hearing in Harare that he had not
told the “Gazette” about President Robert Mugabe marrying his
former secretary. According to SAPA, the second source was also
called to the witness stand on 28 July, and he too denied having
any contact with the paper concerning the story.
While SAPA reports that the prosecution on 28 July accused the
three journalists of being “grossly reckless,” Rusike and Ncube
have stuck by their not guilty plea, denying malice on the
grounds that they had relied on Makunike to verify the story.
Makunike, who was left to find and fund his own defence, earlier
tried — unsuccessfully — to reverse his initial not-guilty
plea.
Makunike’s lawyer told the court on 28 July that the testimony of
his client’s “source” should be treated with suspicion. “It’s
most unlikely (name of alleged source) would concede he was the
source or that he knows the accused given the nature of his job,”
SAPA reports Makunike’s lawyer as saying. Judgement is due to be
passed on 9 August.
Recommended Action
MISA suggests writing to Mssrs Rusike, Ncube and Makunike:
those sources might prove to be — violated a fundamental
principle of their profession
Basildon Peta (the latter an employee of Rusike’s on “The Sunday
Gazette”, the stable-mate of the “Financial Gazette”) have
recently risked a great deal to uphold that same principle
and the subsequent naming of their sources, was an embarrassment
to media workers throughout southern Africa
Appeals To
Elias Rusike
Chief Executive
Modus Publications
Box 66070
Kopje
Harare, Zimbabwe
Fax: +263 4 752831
Please copy appeals to the originator if possible.
