News / National
AMH defamation case ruling reserved
09 Oct 2013 at 18:23hrs | Views
The Constitutional Court has reserved its ruling on an application by Alpha Media Holdings (AMH) seeking to stop criminal defamation charges against its staffers accused of maliciously defaming Zimbabwe Republic Police (ZRP) Chief Superintendent Chrispen Makedenge by calling him notorious.
The Constitutional Court comprising nine judges reserved its ruling on an application for permanent stay of prosecution against The Standard's Editor, Nevanji Madanhire after hearing submissions from the applicant's legal representative, Advocate Eric Morris and respondent's legal counsel, Edmore Makoto from the Attorney General's office.
The application by Advocate Morris dates back to the time before the adoption of a new constitution, when Madanhire was arrested and charged for criminal defamation.
The Standard had authorised the publication of an article by Patience Nyangove in which she referred to Chief Superintendent Makedenge of the CID Law and Order as notorious.
According to Advocate Morris, the period during which Madanhire was arrested, Section 96 of the Criminal Law Amendment Act conflicted with constitutional provisions which guarantee the freedom of expression and speech, which are important to journalists in unearthing scandals and corruption cases.
He also questioned the bench how calling a police officer 'notorious' would affect the fabric of society.
Advocate Morris argued the work of investigative journalists could be stifled if criminal defamation is allowed to persist as virtually all allegations against people are defamatory in nature.
He further argued that if the country continues to recognise criminal defamation in its statutory laws, it will equip wrong doers.
In opposing the application, Mr Makoto from the Attorney General's office said civil remedies are less deterrent than criminal remedies and the parliament which represents the will of the people has not abolished criminal defamation as it is meant to limit the over exercise of freedoms while infringing upon the rights of others.
Chief Justice Godfrey Chidyausiku noted that the court in coming up with a decision looks at the proportion between what the law seeks to achieve and the means it uses.
The Constitutional Court then reserved its ruling on the application.
The Constitutional Court comprising nine judges reserved its ruling on an application for permanent stay of prosecution against The Standard's Editor, Nevanji Madanhire after hearing submissions from the applicant's legal representative, Advocate Eric Morris and respondent's legal counsel, Edmore Makoto from the Attorney General's office.
The application by Advocate Morris dates back to the time before the adoption of a new constitution, when Madanhire was arrested and charged for criminal defamation.
The Standard had authorised the publication of an article by Patience Nyangove in which she referred to Chief Superintendent Makedenge of the CID Law and Order as notorious.
According to Advocate Morris, the period during which Madanhire was arrested, Section 96 of the Criminal Law Amendment Act conflicted with constitutional provisions which guarantee the freedom of expression and speech, which are important to journalists in unearthing scandals and corruption cases.
Advocate Morris argued the work of investigative journalists could be stifled if criminal defamation is allowed to persist as virtually all allegations against people are defamatory in nature.
He further argued that if the country continues to recognise criminal defamation in its statutory laws, it will equip wrong doers.
In opposing the application, Mr Makoto from the Attorney General's office said civil remedies are less deterrent than criminal remedies and the parliament which represents the will of the people has not abolished criminal defamation as it is meant to limit the over exercise of freedoms while infringing upon the rights of others.
Chief Justice Godfrey Chidyausiku noted that the court in coming up with a decision looks at the proportion between what the law seeks to achieve and the means it uses.
The Constitutional Court then reserved its ruling on the application.
Source - zbc
