News / National
The real Baba Jukwa in court
21 Jun 2014 at 16:30hrs | Views
A court in Harare has been told, the arrested Sunday Mail editor Edmund Kudzayi, who claimed a "hacker unmasked Baba Jukwa" was instead the person behind the GMail account of Baba Jukwa.
According to court documents:
"SUBVERTING CONSTITUTIONAL GOVERNMENT AS DEFINED IN SECTION 22(2) (a) (i) OF THE CRIMINAL LAW (CODIFlCATION AND REFORM) ACT, CHAPTER 9:23
Alternatively
ATTEMPTING TO COMMIT AN ACT OF INSURGENCY, BANDITRY SABOTAGE OR TERRORISM AS DEFINED IN SECTION 189 and (b) AS READ WITH SECTION 23 (1) (a) OF THE CRIMINAL LAW (CODIFICATION AND REFORM) ACT, CHAPTER 9:23
1. Accused Edmund Kudakwashe Kudzayi is employed by the Zimbawe Papers as the Sunday Mail Editor.
2. The complainant is the State.
3. Sometime in April 2013, the accused connived with his elder brother Phillip Tawanda Kudzayi and others who are still at large and hatched a plan to overthrow the Government of Zimbabwe by unconstitutional means in the run up to the 31s July 2013 Zimbabwe General Elections. Accused created a gmail account called babajukwa2013@gmail.com using an econet line 0771446541 registered to Philip Tawanda Kudzayi which line is being used by him. Thee said gmail account was used to create a Facebook account called Baba Jukwa.
4. The accused planned and organised with other accused person calling: themselves, The Gunda Nleya Brigade and Zimbabwe Revolutionary Army, to overthrow the Zimbabwe Government through waging war and urged people to join the Zimbabwe Revolutionary army. The accused posted articles on the Baba Jukwa Facebook page which encouraged rebellion against the Government if the said election is stolen. They also posted articles to the effect that they had Dare Rechimurenga In place and that a team was on the ground studying the situation in Zimbabwe.
5. The accused's creation of Baba Jukwa Facebook page was meant for the consumption of Zimbabweans and to whip-up emotions from those who would have accessed and read the said articles on the Baba Jukwa Facebook account.
6. On 11 May 2014, the Sunday Mail published a story about the true Identity of Baba Jukwa titled, "Hackers unmask Baba Jukwa'. Investigations, however, revealed that the accused was the one in control of the Baba Jukwa gmail account as his details were on the recovery panel of the said account, that is, his email address and his brother's econet mobile number which he is using.
7. Furthermore, Investigations revealed that the account was never hacked into.
COUNT TWO
UNDERMINING AUTHORITY OF OR INSULTING THE PRESIDENT AS DEFINED IN SECTION 33 (2) (a) (ii) OF THE CRIMINAL LAW (CODIFICATION AND REFORM) ACT, CHAPTER 9:23
Alternatively....
PUBLISHING OR COMMUNICATING FALSE STATEMENTS PREJUDICIAL TO THE STATE AS DEFINED IN SECTION 31 (b) OF THE CRIMINAL LAW (CODIFICATION AND REFORM) ACT, CHAPTER 9:23
1. The complainant In this case is the State.
2. On 7 August 2008 the accused Edmund Kudzayi unlawfully and Intentionally wrote and published an article in the Zimbabwe Mail online publication attacking the President of the Republic of Zimbabwe His Excellency Robert Gabriel Mugabe.
3. In the said article the accused went on to falsely label the President as a dictator who commits gross human rights abuses and further accusing him of having stolen the 2008 Elections and that he has presided over an economic collapse. He further called the President a tyrant and accused him of taking the land from white farmers and giving it to his cronies and not the people of Zimbabwe. The article in question is held as Exhibit."
Part of court documents
The charges against Kudzayi include calling Mugabe a tyrant and dictator, and alleging that he stole an election.
These remarks were allegedly made in publications he wrote before joining state media.
According to court documents:
"SUBVERTING CONSTITUTIONAL GOVERNMENT AS DEFINED IN SECTION 22(2) (a) (i) OF THE CRIMINAL LAW (CODIFlCATION AND REFORM) ACT, CHAPTER 9:23
Alternatively
ATTEMPTING TO COMMIT AN ACT OF INSURGENCY, BANDITRY SABOTAGE OR TERRORISM AS DEFINED IN SECTION 189 and (b) AS READ WITH SECTION 23 (1) (a) OF THE CRIMINAL LAW (CODIFICATION AND REFORM) ACT, CHAPTER 9:23
1. Accused Edmund Kudakwashe Kudzayi is employed by the Zimbawe Papers as the Sunday Mail Editor.
2. The complainant is the State.
3. Sometime in April 2013, the accused connived with his elder brother Phillip Tawanda Kudzayi and others who are still at large and hatched a plan to overthrow the Government of Zimbabwe by unconstitutional means in the run up to the 31s July 2013 Zimbabwe General Elections. Accused created a gmail account called babajukwa2013@gmail.com using an econet line 0771446541 registered to Philip Tawanda Kudzayi which line is being used by him. Thee said gmail account was used to create a Facebook account called Baba Jukwa.
4. The accused planned and organised with other accused person calling: themselves, The Gunda Nleya Brigade and Zimbabwe Revolutionary Army, to overthrow the Zimbabwe Government through waging war and urged people to join the Zimbabwe Revolutionary army. The accused posted articles on the Baba Jukwa Facebook page which encouraged rebellion against the Government if the said election is stolen. They also posted articles to the effect that they had Dare Rechimurenga In place and that a team was on the ground studying the situation in Zimbabwe.
5. The accused's creation of Baba Jukwa Facebook page was meant for the consumption of Zimbabweans and to whip-up emotions from those who would have accessed and read the said articles on the Baba Jukwa Facebook account.
6. On 11 May 2014, the Sunday Mail published a story about the true Identity of Baba Jukwa titled, "Hackers unmask Baba Jukwa'. Investigations, however, revealed that the accused was the one in control of the Baba Jukwa gmail account as his details were on the recovery panel of the said account, that is, his email address and his brother's econet mobile number which he is using.
7. Furthermore, Investigations revealed that the account was never hacked into.
COUNT TWO
Alternatively....
PUBLISHING OR COMMUNICATING FALSE STATEMENTS PREJUDICIAL TO THE STATE AS DEFINED IN SECTION 31 (b) OF THE CRIMINAL LAW (CODIFICATION AND REFORM) ACT, CHAPTER 9:23
1. The complainant In this case is the State.
2. On 7 August 2008 the accused Edmund Kudzayi unlawfully and Intentionally wrote and published an article in the Zimbabwe Mail online publication attacking the President of the Republic of Zimbabwe His Excellency Robert Gabriel Mugabe.
3. In the said article the accused went on to falsely label the President as a dictator who commits gross human rights abuses and further accusing him of having stolen the 2008 Elections and that he has presided over an economic collapse. He further called the President a tyrant and accused him of taking the land from white farmers and giving it to his cronies and not the people of Zimbabwe. The article in question is held as Exhibit."
Part of court documents
The charges against Kudzayi include calling Mugabe a tyrant and dictator, and alleging that he stole an election.
These remarks were allegedly made in publications he wrote before joining state media.
Source - Nehanda Radio