Back to Index

Jailed South Africa media workers appeal sentence
MISA-Zimbabwe
June 06, 2008

Lawyers representing three South Africans arrested on 23 May 2008 for possessing broadcasting equipment and jailed for 6 months have appealed against the jail sentence at the Bulawayo High Court. The appeal was filed on 3 June 2008.

Magistrate John Masimba on 2 June 2008 sentenced the three South Africans - Bernet Hassen Sono, Resemate Chauke, and Simon Maodi to an effective six months in jail each.

Lawyers for the South Africans said in the appeal that the jail sentence was excessive and that a fine would have been adequate punishment.

"The sentence is unheard of and a shock. The magistrate should have considered the option of a fine and not a jail term. The magistrate did also not look at the proper provisions of sentence of such an offence," said Tawengwa Hara, one of the defence lawyers in an interview.

"The offence should only attract a penalty of a fine," added the lawyer.

The magistrate found the three guilty of contravening Section 33 of the Postal and Telecommunications Act Chapter 12, 03 that prohibits the possession of broadcasting equipment without a licence.

In passing the six month jail sentence, Masimba said although the three indicated that the broadcasting equipment did not belong to them, "possession of the equipment was an offence" and leniency on the trio would "send a wrong signal."

Background
On 30 May 2008 Bennet Hassen Sono, Resemate Chauke and Simon Maodi, were convicted by Bulawayo Magistrate John Masimba after pleading guilty to the charge. The trio, who are reportedly employed by Sky News, appeared at the Bulawayo Magistrate's Court on 29 May 2008 on charges of contravening Section 33 of the Post and Telecommunications Act.

The three were arrested on 23 May 2008 at a police roadblock in Mbalabala and found in possession of broadcasting equipment with Britain's Sky News television logos.

Upon being queried by the police with regards to the owners of the equipment, the men failed to give a satisfactory explanation, leading to their arrest.

The men then led the police to Number 13, Bessborough Road, Belmont, in Bulawayo where they had picked up the equipment. The premises are owned by Craig Markram Edy of Hillside, Bulawayo. Edy is on a $20 Billion bail (USD 28).

Visit the MISA-Zimbabwe fact sheet

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP