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Kwekwe journalists' application dismissed
MISA-Zimbabwe
July 02, 2008

http://www.misa.org/cgi-bin/viewnews.cgi?category=2&id=1215091610

The trial of two Kwekwe-based journalists accused of publishing falsehoods in breach of the Access to Information and Protection of Privacy Act (AIPPA) was on 2 July 2008 postponed to 15 July 2008 after the trial magistrate dismissed the defence application to stop proceedings pending an appeal against his refusal to discharge them.

Wycliff Nyarota and James Muonwa are facing charges under Section 80 (1) (a) 20 of AIPPA for allegedly unlawfully and intentionally publishing a false story in the Network Guardian newspaper that George Muvhimi and Tatenda Munhanga were caught in a compromising position at a shopping centre in the town. Their former colleague Blessed Mhlanga was found not guilty and acquitted at the close of the state case.

In a brief ruling, Kwekwe Magistrate Oliver Mudzongachiso ruled that there was no merit in the application adding that for a court to stop proceedings, the defence would have to show that he had grossly misdirected himself in the matter.

He said the defence could appeal against his entire judgment upon conclusion of the matter if he convicts any of the two journalists.

Prayers Chitsa and James Magodora who are being assisted by MISA-Zimbabwe Legal Officer Wilbert Mandinde, are appearing for Nyarota and Muonwa.

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