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State abandons appeal against news activist
MISA-Zimbabwe
October 10, 2012

State abandons appeal against community news activist The State on 19 October 2012 filed confirmation of abandonment of its notice to appeal against the bail granted to community news activist Kudakwashe Matura by Kariba magistrate Felix Chauromwe.

The Attorney General's Office represented by prosecutor Unite Saize, had on 9 October 2012 highlighted its intention to appeal against the granting of bail to Matura. This came after the state invoked Section 121 of the Criminal Procedure and Evidence Act (CPEA), which automatically suspended the bail granted to Matura.

However, according to the same section of the CPEA, a notice of appeal has to be filed within seven working days and this period lapsed on 19 October 2012. This effectively means that the notice to appeal fell away rendering Matura eligible to pay the $100 bail originally granted.

He was subsequently released on $100 bail on 23 October 2012.

Background

Matura was arrested on 8 September 2012 after a complaint was lodged by Sam Mawuwa on allegations that a story published in the Kariba News newsletter about him was defamatory. He is facing criminal defamation charges under Section 96 of the Criminal Law (Codification and Reform) Act. Matura is represented by lawyer Tapiwa Muchineripi under the auspices of the Media Lawyers Network.

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