ZIMBABWE — HARARE - The joint trial of MDC faction leader, Professor Arthur Mutambara and The Standard newspaper editor Davison Maruziva, on charges of allegedly publishing falsehoods, has been referred to the Supreme Court.

 

Magistrate Morgan Nemadire agreed to refer the case to the Supreme Court following submissions in the last court hearing on 22 October by defence lawyer, Beatrice Mtetwa for the case to be referred to a higher court.

 

The State alleges that the article penned by Mutambara and published by Maruziva in the Sunday weekly, The Standard was contemptuous of the Magistrates and High Court.

Mtetwa successfully argued that the Magistrates Courts did not therefore have jurisdiction to hear the matter if it was deemed that there was contempt of court by the accused.

The charges arise from the publication of an opinion piece written by Professor Mutambara which appeared in The Standard on April 20.

 

The article, titled “A Shameful Betrayal of National Independence” criticized Justice Tendai Uchena for dismissing an application by the MDC to compel the Zimbabwe Electoral Commission to release the results of the March general election.

The state charges that the article was in contempt of court and undermined the integrity and standing of security forces and President Mugabe.

 

The State further alleges that the article was false and thus undermined public confidence in the law enforcement agents, defence forces and prison services.

Maruziva is facing charges for publishing the article. Mutambara criticised, in the article, the delay in the release of the March 29 presidential election results, the throwing out by the High Court of an application by the MDC to have the results released as well as the involvement of the security agents in the elections.

Mutambara wrote: “In terms of the House of Assembly, the agenda is to fraudulently seize at least nine seats from the opposition through recounts and court action leading to re-runs. This explains the 23 recounts that ZEC has instituted. There is clearly criminal collusion between ZEC and Zanu-PF.”

Mtetwa argued that the SADC Guidelines Governing the Conduct of Democratic Elections provided guidelines for freedom of expression and access to information during the election period. Mtetwa pointed out that since Mutambara was a political player he was entitled to make comments without any fear.

Mtetwa also requested that the matter be referred to the SADC Tribunal to determine whether Zimbabwe is adhering to the provisions it ratified, arguing that Professor Mutambara's prosecution is a breach of the SADC Electoral Guidelines.

The accused are charged with publishing falsehoods prejudicial to the state in terms of Section 33 of the Criminal Law (Codification and Reform) Act and additionally, contempt of court. The magistrate referred the case to the Supreme Court after the close of submissions by both the defence and state as to whether the matter should be referred to a superior court.

 

 

JOKE OF THE DAY - A woman and her little girl were visiting the grave of the little girl's grandmother. On their way through the cemetery back to the car, the little girl asked, "Mommy, do they ever bury two people in the same grave?"

"Of course not, dear." replied the mother, "Why would you think that?"

"The tombstone back there said, 'Here lies a lawyer and an honest man.'"

 

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