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AMH Editor bail conditions relaxed
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A Harare magistrate has relaxed the bail conditions for Zimbabwe Independent editor Faith Zaba, who is facing charges of undermining President Emmerson Mnangagwa under section 33 of the Criminal Law (Codification and Reform) Act.
Magistrate Apollonia Marutya ruled yesterday that Zaba will now report to the police once every fortnight instead of every Friday, following delays in the commencement of her trial.
Zaba and the publication's publisher, Alpha Media Holdings (AMH) — represented in court by editor-in-chief Kholwani Nyathi — are being prosecuted over a June Muckraker column that the State claims insulted or undermined the authority of the President.
The relaxation of bail conditions follows a procedural blunder by the State at the most recent court sitting. Prosecutor Lawrence Gangarahwe applied for a postponement after admitting that the authority letter supplied to the defence was defective, as it was not issued by the Prosecutor-General, Justice Loice Matanda-Moyo, as required by law. Instead, it had been signed by the National Prosecuting Authority's chief director.
The State sought a two-week adjournment to secure the proper certificate.
However, defence lawyer Chris Mhike vigorously objected, accusing the prosecution of dishonesty and deliberately stalling the case in violation of Zaba and AMH's constitutional rights. He argued that the authority letter was "highly dubious", noting that although it was dated October 20, it was stamped October 30 — an inconsistency he said suggested either carelessness or intentional misrepresentation.
Mhike insisted that the charge itself was baseless, describing the arrest as an attack on Press freedom. He submitted that the column in question was clearly satire and opinion — forms of expression protected under the law. The defence argued that the allegations did not constitute a criminal offence and that the State's witness documents failed to demonstrate any intent to undermine the President.
The State maintains that the June 27 column, titled When We Become a Mafia State, was designed to incite hostility towards President Mnangagwa by alleging that Zimbabwe was interfering in neighbouring countries' politics and was "obsessed with keeping itself in power."
The matter is expected to resume on December 3.
Magistrate Apollonia Marutya ruled yesterday that Zaba will now report to the police once every fortnight instead of every Friday, following delays in the commencement of her trial.
Zaba and the publication's publisher, Alpha Media Holdings (AMH) — represented in court by editor-in-chief Kholwani Nyathi — are being prosecuted over a June Muckraker column that the State claims insulted or undermined the authority of the President.
The relaxation of bail conditions follows a procedural blunder by the State at the most recent court sitting. Prosecutor Lawrence Gangarahwe applied for a postponement after admitting that the authority letter supplied to the defence was defective, as it was not issued by the Prosecutor-General, Justice Loice Matanda-Moyo, as required by law. Instead, it had been signed by the National Prosecuting Authority's chief director.
However, defence lawyer Chris Mhike vigorously objected, accusing the prosecution of dishonesty and deliberately stalling the case in violation of Zaba and AMH's constitutional rights. He argued that the authority letter was "highly dubious", noting that although it was dated October 20, it was stamped October 30 — an inconsistency he said suggested either carelessness or intentional misrepresentation.
Mhike insisted that the charge itself was baseless, describing the arrest as an attack on Press freedom. He submitted that the column in question was clearly satire and opinion — forms of expression protected under the law. The defence argued that the allegations did not constitute a criminal offence and that the State's witness documents failed to demonstrate any intent to undermine the President.
The State maintains that the June 27 column, titled When We Become a Mafia State, was designed to incite hostility towards President Mnangagwa by alleging that Zimbabwe was interfering in neighbouring countries' politics and was "obsessed with keeping itself in power."
The matter is expected to resume on December 3.
Source - Newsday
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