Zimbabwe to extradite Baba Jukwa Journalists?

ZIMBABWEAN government is most likely to seek an extradition from South Africa two of its journalists, Mxolisi Ncube and Mkhululi Chimoio for allegedly acting as Baba Jukwa, in a Facebook page that the ZANU-PF government insists violated a number of laws.

However, the international law may bar South Africa from handing over the two suspected journalists, thus if they claim political asylum there. In fact, South Africa may be obligated to protect the two journalists.

The international law does not approve an extradition to countries where they might be persecuted. Worse still, Zimbabwe still retains a death sentence, which is against principles of the international law.

However, the government-owned Sunday Mail is now pushing for the extradition.

The paper which usually reflects Mugabe's thinking said legal experts say while it was difficult to initiate prosecution against the previously-unknown character(s) in the past, legal action could now be taken since the pair's identities have been revealed.

According to the Sunday Mail, Ncube and Chimoio also risk landing in the dock for attempting to disturb public peace through their conduct while aggrieved individuals, on the other hand, could file personal lawsuits.

Harare lawyer Mr Terrence Hussein who spoke to the paper said criminal defamation statutes and common law apply in cases where publishers propagate malicious information.

He said although it was difficult to press charges against those masquerading as senior Government officials on the Internet, injured parties were entitled to seek recourse through the courts.

Regarding the possible extradition of the journalists, Mr Hussein said due process has to be followed in collaboration with the reciprocating country.

"Anyone who publishes anything be it newspapers or a blog has to do it within the confines of the law. There is an aspect of defamation. If a person publishes anything with malice and someone is injured, that injured person can seek damages through the courts.

"It would be difficult to pursue the matter if the publisher were unknown, but if the person is known then there is a starting point. Threats to harm a person also constitute a criminal offence; criminal law immediately kicks in."

Another lawyer, Mr Jonathan Samkange, said there was leeway to sue and prosecute the two if a substantive link tied them to the Facebook activities.

He said the Criminal Law (Codification and Reform) Act strictly prohibits criminal misrepresentation.

"Based on this law, one can be prosecuted for criminal misrepresentation; it is a case of fraud where the misrepresentation results in financial loss. However, the link has to be established first," he said.

The Baba Jukwa syndicate gained notoriety in the run-up to last year's national elections for publishing material attacking senior State officials. Their "exposes" detailed alleged Zanu-PF assassination plots, corruption and plans to rig the plebiscite.

They also made threats to kidnap the families of particular Cabinet ministers.

In one of their posts, the pair published the mobile phone numbers of officials, including Police Commissioner-General Augustine Chihuri.

A Chegutu man, Josiah Mahovoya, sent obscene messages to Commissioner-General Chihuri and then Zanu-PF Chegutu West parliamentary candidate Dexter Nduna after obtaining their mobile phone numbers from the page.

Mahovoya was subsequently arrested and jailed for four months after being convicted of contravening the Postal and Telecommunications Act, which criminalises "sending an offensive and indecent telephone message"