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State alters charge against editor
MISA-Zimbabwe
September 26, 2007

The trial of Bright Chibvuri the editor of the Zimbabwe Congress of Trade Unions' (ZCTU) The Worker magazine opened in Plumtree on 26 September 2007 with the state applying to alter the alleged offence under the repressive Access to Information and Protection of Privacy Act (AIIPA).

Prosecutor Ronald Tandabantu applied to alter the charge at the commencement of the trial. Chibvuri was initially being charged with contravening Section 83 (1) as read with Section 80 (2) of AIPPA. Section 80 (2) is non -existent. He requested the court to alter the charge to contravention of Section 83 (3) of AIPPA. Section 83 (1) creates the offence of practicing journalism without accreditation while Section 83 (3) is a penalty clause.

Chibvuri's lawyer Munyaradzi Nzarayapenga, who is being assisted by MISA-Zimbabwe Legal Officer Wilbert Mandinde, did not oppose the application as that did not prejudice his client.

Chibvuri pleaded not guilty.

Patriot Shiku a policeman with the Law and Order Section in Plumtree told the court that he arrested the accused after Chibvuri who had identified himself as editor of The Worker allegedly produced an expired 2006 accreditation card.

Cross-examining Shiku, the defense produced Chibvuri's valid 2007 accreditation card. The arresting officer confirmed that the card in question is valid from 1 January 2007 to 31 December 2007 which covers the period in question. The prosecutor indicated that he intends to call Dr Tafataona Mahoso the chairman of the state-controlled Media and Information Commission which is the issuing authority of journalism accreditation cards.

Chibvuri was arrested in Plumtree on 3 March 2007 during a ZCTU seminar on allegations of practicing journalism without accreditation and spent two nights in police custody.

He was only released on 5 March 2007 when he appeared before a Plumtree magistrate on charges of contravening Section 83 of AIPPA which penalises the practice of journalism without accreditation.

The trial will continue on 5 November 2007 as the presiding magistrate Mark Dzira is apparently not feeling well.

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