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Banned newspaper directors seek discharge
MISA-Zimbabwe
July 14, 2004

Four directors of the Associated Newspapers of Zimbabwe (ANZ), publishers of the banned The Daily News and The Daily News on Sunday are seeking a court ruling discharging them from charges of having printed The Daily News illegally on 25 October 2003. The Directors say the state has failed to prove its case against them. The matter was heard on 12 July.

Beatrice Mtetwa the lawyer representing the four, Samuel Sipepa Nkomo, Rachel Kupara, Brian Mutsau and Stuart Mattinson submitted that they should not be charged in their individual capacities because the ANZ is the one that published the paper in terms of section 75 of AIPPA. Mtetwa argues there was no board resolution authorizing the publication and as such since ANZ is a legal person who can sue or be sued, the Directors can only be charged in their representative capacity.

The police allege that they arrested the Directors because they believed them to be in contempt of an Administrative Court judgment of 24 October 2003 which said the paper should be registered by 30 November 2003, hence could not publish before that date. The ANZ however went on to print an edition before this date. Mtetwa argued that in terms of section 65 (3) of the Access to Information and Protection of Privacy Act (AIPPA), ANZ was entitled to publish pending the outcome of their application to the MIC for registration. The section provides that any mass media that was in existence when the AIPPA came into force could continue publishing pending its registration by MIC. She submitted further that the same Administrative court judgment ruled that there was no properly constituted MIC and gave the responsible Minister up to 30 November 2003 to reconstitute the MIC failure of which ANZ would be deemed registered.

Mtetwa pointed out further, that if the ANZ was in any contempt of a court order, it was the Court which should have complained before the police moved in to arrest the accused.

The Magistrate has ordered the defence lawyers to make its application in writing and the State to respond. A ruling would be made on 19 July. In the event that the magistrate rules against the application for discharge, the trial would immediately proceed and the directors would be placed on their defence.

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