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Journalist removed from remand
MISA-Zimbabwe
June 20, 2007

Lawyers representing Gift Phiri the chief reporter of The Zimbabwean on 20 June 2007 successfully applied to have him removed from remand on charges of abusing journalistic privilege under the repressive Access to Information and Protection of Privacy Act (AIPPA).

Rangu Nyamurundira of the Zimbabwe Lawyers for Human Rights (ZLHR) and MISA-Zimbabwe Legal Officer Wilbert Mandinde, argued that Phiri who was charged for having contravened Section 80 (1) (b) of AIPPA was being charged for contravening a non-existent section of the repressive Act. It was the defence's argument that when AIPPA was amended in 2003, one of the sub-sections to Section 80 was repealed. This then resulted in the removal of sub-section (1).

The correct charge should, therefore be read under Section 80 (b) which deals with abuse of journalistic privilege by publishing information which is maliciously or fraudulently fabricated.

In response, the prosecutor argued that the section was correctly cited before making an about-turn after the defence produced evidence of the amended version of AIPPA.

In her brief ruling, Harare Magistrate Gloria Takundwa stated that it was wrong for the state to have brought Phiri to court on the basis of a repealed section. She stated that the law does not operate with retrospective effects. She therefore refused to place Phiri on further remand on charges of contravening a non-existent section of AIPPA.

In the circumstances, the state may proceed by way of summons.

Phiri still faces another charge of contravening of Section 79 (1) of the restrictive Access to Information and Protection of Privacy Act (AIPPA). Section 79(1) of AIPPA relates to practicing journalism without accreditation. He goes on trial on 9 July 2007.

Background

Phiri was arrested at Sunningdale Shopping Center in Harare on 1 April 2007 and spent four nights in police cells. He was briefly detained at Sunningdale Police Post before being transferred to Harare Central Police Station where he was brutally assaulted by the police.

Phiri is on bail of Z$100,000 (US$400) with stringent reporting conditions.

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