(MISA/IFEX) – On 20 June 2000, a magistrate’s court in Harare fined three “Standard” journalists for publishing a story that incorrectly stated that the draft constitution had been printed while the body responsible for the document was still soliciting opinions on it. Former acting editor of the paper Andy Moyse, reporter Chengetai Zvauya and publisher […]
(MISA/IFEX) – On 20 June 2000, a magistrate’s court in Harare fined three “Standard” journalists for publishing a story that incorrectly stated that the draft constitution had been printed while the body responsible for the document was still soliciting opinions on it. Former acting editor of the paper Andy Moyse, reporter Chengetai Zvauya and publisher Clive Wilson were slapped with a total fine of Z$18,000 (US$473.68). They were convicted on charges of criminal defamation on 16 June.
In passing sentence, the magistrate said that Moyse, as acting editor at the time, faced the highest degree of moral blameworthiness, since he published the story knowing that it was false. He was fined Z$8,000 (US$210.53). Reporter Zvauya, second to his editor in terms of blameworthiness, was fined Z$6,000 (US$157.89). Wilson was found less guilty than his colleagues, because as the director of the paper he had very little say in the story. He was fined Z$4,000 (US$105.26.)
The defence counsel said they were going to contest against both the conviction and sentencing at the High Court, where chances of winning the case were very high. The defence believes that the story did not defame anyone in particular. The defence lawyer, Innocent Chagonda, told the court that there was no evidence to show that a reasonable ordinary Zimbabwean reader would suspect that the story had defamed the executive committee of the constitution or Jonathan Moyo, as the chairman of the media committee of the constitutional commission.
Background Information
The three newsmen were arrested on 23 February over the story, which appeared on 30 January.
This is the second time that journalists in Zimbabwe have been charged and convicted with criminal defamation. The first time was in May 1995 when two journalists and the publisher of “The Financial Gazette” were found guilty of criminal defamation. The paper had written a story of an alleged marriage between President Mugabe and his former secretary, Grace Marufu. The newspaper had written that the wedding, which took place at State House, was presided over by a High Court judge, and witnessed by a senior minister. The three were found guilty and fined. Not long after that, Mugabe and Marufu were wedded.
