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Kwekwe journalists convicted
MISA-Zimbabwe
July 30, 2008

Kwekwe journalists Wycliff Nyarota and James Muonwa were on 29 July 2008 convicted of publishing falsehoods in breach of the repressive Access to Information and Protection of Privacy Act (AIPPA).

Kwekwe Magistrate Oliver Mudzongachiso found Nyarota and Muonwa guilty of contravening Section 80 (1) (a) of AIPPA for allegedly unlawfully and intentionally publishing a false story in The Network Guardian that George Muvhimi and Tatenda Munhanga were caught with their pants down while having sexual intercourse in a vehicle at Mbizo Shopping Centre. He sentenced each of them to a fine of Z$20 billion or 20 days imprisonment in default of payment.

In his judgment, Magistrate Mudzongachiso said although Muonwa had investigated the story he had still been unprofessional when he wrote the story. Their former colleague Blessed Mhlanga was found not guilty and acquitted at the close of the state case.

The magistrate said Nyarota could not be exonerated as he was the final authority at the paper in his capacity as the editor and could not blame anyone for the things that had been published in the story. He refused to believe evidence that Mhlanga had reinserted the names of the complainants into the story after they had been removed by Nyarota as the editor.

He also said the two had acted recklessly in publishing a false story.

The Magistrate implored the media to be sensitive and professional in the manner in which it conducts itself.

MISA-Zimbabwe position
MISA-Zimbabwe is extremely concerned with the conviction of the two which reinforces its position and calls for the repealing of AIPPA. MISA-Zimbabwe's Legal Officer Wilbert Mandinde said the two journalists would appeal to the High Court against the sentence on the ground that the magistrate misdirected himself in his interpretation of the repealed Section 80(1) (a) of AIPPA.

"As MISA-Zimbabwe, we will assist the two journalists to appeal to the High Court as we believe that their conviction is wrong," said Mandinde.

In his criticism of AIPPA as repressive and restrictive, Mandinde quoted the great Mozambican journalist Carlos Cardoso who is on record saying: "In the business of truth, it is forbidden to put words into handcuffs."

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