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Court release journalists on bail
MISA-Zimbabwe
May 21, 2004

Bornwell Chakaodza, editor of The Standard and Valentine Maponga a reporter, were today, 21 May, released by the magistrate’s courts on $50 000 dollars bail each. They will appear again in court on 8 June.

The two were arrested at 5 am on 21 May and taken to Harare Central police station were they spent 10 hours before appearing at the courts at 3 pm. The magistrates questioned why the police had taken so long to present the two to the court. A police officer from the Law and Order section replied that they were delayed at the Attorney General’s office. Although the state pushed for a bail of $ 100 000 each, the court reduced the amount to $50 000. This was after representations were made to the court by Advocate Edith Mushore representing the two, that an amount of $100 000 was excessive. Advocate Mushore argued that the fine for the charge the two faced under the Public Order and Security Act (POSA) carried a fine of $100 000 or a prison term of five years or both.

Advocate Mushore argued that paying bail of $100 000 was equal to punishing the two before they had been tried.

Background
Chakaodza and Maponga were arrested on 19 May 2004. The two were asked to report to the Harare Central police station in the afternoon where they were detained for 5 hours, over a story that appeared in The Standard of 16 May. The story Headlined "Family of Slain boss blames government officials", reads that family members of a mine boss murdered in Harare allege the involvement of seniors government officials in the murder in its case outline the state argued that the two had published a false that was likely to cause public disorder, incite public violence and endanger public safety.

The state argued that the story is false as the relatives of the slain Mine Boss deny ever speaking to the paper. The police also argue that they have since arrested the murder suspects who deny the involvement of any senior government official in the murder.

The police allege the story was meant to tarnish the image of the government and has charged the two under section 15 (1) of the Public Order and Security Act (POSA).

Section 15 (1) reads:
Any person who, whether inside or outside Zimbabwe, publishes or communicates to any other person a statement which is wholly or materially false with the intention or realizing that there is a risk or possibility of—

(a) Inciting or promoting public disorder or public violence or endangering public safety; or
(b) adversely affecting the defence or economic interests of Zimbabwe; or
(c) undermining public confidence in a law enforcement agency, the Prison Service or the Defence Forces of Zimbabwe; or
(d) interfering with, disrupting or interrupting any essential service;shall, whether or not the publication or communication results in a consequence referred to in paragraph (a), (b), (c) or (d), be guilty of an offence and liable to a fine not exceeding $100,000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

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