News / National
AMH editors challenge prosecution
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Editors from Alpha Media Holdings (AMH) have formally challenged their prosecution over charges of undermining President Emmerson Mnangagwa, arguing that the case was initiated without legal authority. AMH editor-in-chief Kholwani Nyathi and Zimbabwe Independent editor Faith Zaba appeared in Harare magistrate court yesterday, represented by Zimbabwe Lawyers for Human Rights (ZLHR) advocate Nontokozo Dube-Tachiona.
Dube-Tachiona contended that the prosecution had no legal basis to proceed without formal approval from the Attorney-General, as required under Section 34 of the Criminal Law (Codification and Reform) Act (Code). This section stipulates that prosecutions involving Chapter III offences—covering crimes against the State, including terrorism, sedition, and undermining the President—must be authorised by the Attorney-General.
"Section 34 of the Code is clear. The National Prosecuting Authority can only initiate prosecutions of persons accused of Chapter III crimes with the authority of the AG," Dube-Tachiona said. She further argued that the accused had appeared before the court three times previously and that the prosecution lacked the necessary approval to proceed. In the absence of such authority, she asserted, the editors should be unconditionally released.
The State, represented by Lawrence Gangarahwe, requested more time to respond to the defence application, prompting Magistrate Kudzai Mtombeni to postpone the matter to September 8 for determination.
Nyathi and Zaba are accused of undermining or insulting the President through Zimbabwe Independent's satirical Muckraker column, When You Become a Mafia State, published between June 27 and July 3, 2025. The article criticised Zimbabwe's leadership during its SADC chairmanship, highlighting allegations of electoral interference in Mozambique, Botswana, and Namibia, and described the country as a "mafia State" governed by officials obsessed with clinging to power. The State claims the article was "false in material particulars" and intended to incite hostility against the President.
Zaba was arrested on July 1 and released on US$200 bail on July 4 after spending three nights in detention. Her release had initially been delayed due to a magistrate's inability to type his ruling during a power outage. Her bail conditions require her to surrender her passport, reside at her given address, refrain from interfering with investigations, and report weekly to the Criminal Investigation Department at Harare Central Police Station.
The defence has previously argued that the facts presented by the State do not constitute a criminal offence, asserting that the arrests were unlawful and targeted opinion and criticism rather than criminal conduct. They contended that the article's plural use of the word "we" was not directed at the President, yet the State treated it as an insult. The editors also maintain that their remand constitutes harassment of independent journalism, curbing AMH's mandate to inform the public and undermining democratic principles.
AMH publishes Zimbabwe Independent, The Standard, NewsDay, and Southern Eye, and operates the online platform Heart & Soul TV.
Dube-Tachiona contended that the prosecution had no legal basis to proceed without formal approval from the Attorney-General, as required under Section 34 of the Criminal Law (Codification and Reform) Act (Code). This section stipulates that prosecutions involving Chapter III offences—covering crimes against the State, including terrorism, sedition, and undermining the President—must be authorised by the Attorney-General.
"Section 34 of the Code is clear. The National Prosecuting Authority can only initiate prosecutions of persons accused of Chapter III crimes with the authority of the AG," Dube-Tachiona said. She further argued that the accused had appeared before the court three times previously and that the prosecution lacked the necessary approval to proceed. In the absence of such authority, she asserted, the editors should be unconditionally released.
The State, represented by Lawrence Gangarahwe, requested more time to respond to the defence application, prompting Magistrate Kudzai Mtombeni to postpone the matter to September 8 for determination.
Zaba was arrested on July 1 and released on US$200 bail on July 4 after spending three nights in detention. Her release had initially been delayed due to a magistrate's inability to type his ruling during a power outage. Her bail conditions require her to surrender her passport, reside at her given address, refrain from interfering with investigations, and report weekly to the Criminal Investigation Department at Harare Central Police Station.
The defence has previously argued that the facts presented by the State do not constitute a criminal offence, asserting that the arrests were unlawful and targeted opinion and criticism rather than criminal conduct. They contended that the article's plural use of the word "we" was not directed at the President, yet the State treated it as an insult. The editors also maintain that their remand constitutes harassment of independent journalism, curbing AMH's mandate to inform the public and undermining democratic principles.
AMH publishes Zimbabwe Independent, The Standard, NewsDay, and Southern Eye, and operates the online platform Heart & Soul TV.
Source - newsday
