(MISA/IFEX) – The Zimbabwe police have not yet charged Vincent Kahiya, editor of the privately-owned “Zimbabwe Independent”, who was arrested on 23 September 2004 on allegations of abusing journalistic privilege under the Access to Information and Protection of Privacy Act (AIPPA). Kahiya, Raphael Khumalo, the publishing company’s general manager, and reporter Augustine Mukaro were arrested […]
(MISA/IFEX) – The Zimbabwe police have not yet charged Vincent Kahiya, editor of the privately-owned “Zimbabwe Independent”, who was arrested on 23 September 2004 on allegations of abusing journalistic privilege under the Access to Information and Protection of Privacy Act (AIPPA).
Kahiya, Raphael Khumalo, the publishing company’s general manager, and reporter Augustine Mukaro were arrested on 23 September 2004, following the publication of a story linked to the treason trial of Morgan Tsvangirai, leader of the opposition Movement for Democratic Change.
The three “Zimbabwe Independent” employees, who were detained at Harare Central Police station, were picked up from their workplace in Harare at 10:00 a.m. (local time) on 23 September and released at about 4:00 p.m. the same day. They were instructed to report back to the police station on 28 September, after police had recorded their “warned and cautioned” statements accusing them of breaching Section 80 C (ii) of the AIPPA, which deals with abuse of journalistic privilege.
Kahiya, however, told MISA-Zimbabwe that on 27 September police had advised them not to report to the station on the agreed date as they were still working on the case.
“They told us not to come today [28 September] or tomorrow but that they would get back to us when they were ready, after I had phoned them enquiring on when exactly they expected us to report back at the police station,” said Kahiya.
The AIPPA’s Section C (ii) stipulates that a journalist who abuses his or her journalistic privilege by publishing any statement recklessly, or with malicious or fraudulent intent, representing it as a true statement, shall be guilty of an offence and liable to a fine or imprisonment of two years or to both a fine and imprisonment.
On 30 July, the “Zimbabwe Independent” published a story which said judgment in the Tsvangirai treason trial had been postponed indefinitely on 29 July because the assessors had not been given a chance to provide input into Judge Paddington Garwe’s judgment.
Tsvangirai is accused of plotting to assassinate President Robert Mugabe. Judgment has now been set for 15 October.
Meanwhile, Kahiya, former “Zimbabwe Independent” editor Iden Wetherell, former chief reporter Dumisani Muleya, and reporter Itai Dzamara are on remand facing charges of criminal defamation (see IFEX alerts of 14 and 12 January 2004).
Dzamara and Muleya co-authored a story entitled, “Mugabe Grabs Plane for Far East Holiday”. The state alleges that the story is false and defamatory to President Mugabe.
Wetherell, Kahiya and Muleya, who were released on 20,000 ZWD (approx. US$ 4.00) bail each, spent two days in police cells after they were arrested on 10 January following publication of the story. The four journalists are expected to appear in court on 1 October.
Wetherell is now the company’s group projects editor, while Kahiya and Muleya have since been promoted to editor and news editor, respectively.