(MISA/IFEX) – On Monday 3 December 2001, Mediacoop, the cooperative that owns the weekly newspaper “Savana”, announced its intention to sue a district court judge for what it terms the unlawful arrest of Kok Nam, a photojournalist and director of “Savana”. Antonio Gumende, the chairman of Mediacoop, told the Agencia Informação Moçambique (AIM) that the […]
(MISA/IFEX) – On Monday 3 December 2001, Mediacoop, the cooperative that owns the weekly newspaper “Savana”, announced its intention to sue a district court judge for what it terms the unlawful arrest of Kok Nam, a photojournalist and director of “Savana”.
Antonio Gumende, the chairman of Mediacoop, told the Agencia Informação Moçambique (AIM) that the cooperative intends to sue the Inhassoro District Court judge. On Wednesday 28 November, the unidentified judge sent a court official to Maputo with a warrant for Nam’s arrest, apparently in connection with an unpaid fine of 100,000 meticais (approx. US$4.40).
Nam spent the night of Wednesday 28 November in the Machava top security prison, on the outskirts of Maputo. Early the following day, he was transferred to Inhassoro, some 750 kilometres north of the capital, for a court appearance. However, Mediacoop was able to secure Nam’s release shortly before he was due to appear in court. Mediacoop subsequently hired a lawyer in Inhambane, whose investigation revealed that Nam’s arrest for the 100,000 meticais fine was in fact a ruse to drag him to Inhassoro for the second trial of a libel case moved against “Savana” by a local businessman, Salema Mufundisse.
The lawyer succeeded in postponing the trial to Monday 3 December. Gumende said a hearing took place with Nam present. Nam’s lawyer argued that since no summons had been issued, as required under the Mozambican penal procedural code, then no trial could be held. The judge subsequently ordered the Public Prosecutor’s Office to follow the normal summonsing procedures, so that a new date could be set. Gumende told AIM that if a new trial date is set, Mediacoop will demand that this judge excuse himself, “since he cannot guarantee a fair trial.” Nam has since returned to Maputo.
Background Information
The libel case was first heard in August, with no one from “Savana” in attendance. This led the judge to impose the 100,000 meticais fine on the newspaper. He interpreted its absence as contempt of court.
Mediacoop’s lawyer Domingos Arouca appealed successfully, and the August trial was annulled. According to Gumende, about two weeks ago, the Inhassoro judge, in the presence of both Arouca and “Savana” editor Salomao Moyana, agreed on 14 December as the new date for the trial. Yet, on Thursday 29 November the Inhambane lawyer was told that the libel case would be heard on Friday 30 November, and this was the reason Nam’s presence was required in Inhassoro.
