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Download - Media Institute of Southern Africa

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ZIMBABWE<br />

State <strong>of</strong> the media in <strong>Southern</strong> <strong>Africa</strong> 2002<br />

Act.<br />

Nyarota was arrested by police <strong>of</strong>ficers<br />

at around 10:00 a.m. (local time)<br />

at the <strong>of</strong>fices <strong>of</strong> “The Daily News”.<br />

He was released five hours later. The<br />

editor was arrested in connection with<br />

a story published in the April 23 edition<br />

<strong>of</strong> “The Daily News” that said<br />

two young girls had witnessed the decapitation<br />

<strong>of</strong> their mother by alleged<br />

supporters <strong>of</strong> the ruling Zimbabwe <strong>Africa</strong>n<br />

National Union Patriotic Front<br />

(ZANU-PF) party in Magunje, province<br />

<strong>of</strong> Mashonaland West.<br />

Nyarota’s lawyer, Lawrence<br />

Chibwe <strong>of</strong> Stumbles and Rowe, told<br />

MISA-Zimbabwe that the editor was<br />

arrested and charged under Section 80<br />

(1b) <strong>of</strong> the Access to Information and<br />

Protection <strong>of</strong> Privacy Act, for authorising<br />

the publication <strong>of</strong> “falsehoods”<br />

without verifying the facts.<br />

Chibwe was not sure when Nyarota<br />

would be tried but said the police were<br />

going to proceed by way <strong>of</strong> summons<br />

once they had completed their investigation.<br />

The arrests <strong>of</strong> journalists Nyarota,<br />

Lloyd Mudiwa, Collin Chiwanza and<br />

Andrew Meldrum, a correspondent<br />

for the British newspaper “The Guardian”,<br />

followed the publication <strong>of</strong> a 23<br />

April article in “The Daily News”.<br />

A magistrate court in Harare ruled<br />

on May 7 that Mudiwa and Meldrum<br />

have a case to answer. The two journalists<br />

were remanded out <strong>of</strong> custody<br />

to May 22. Charges against Chiwanza<br />

were dropped.<br />

In a front-page story on April 27,<br />

“The Daily News” apologised to the<br />

ruling party and to the government,<br />

after it was revealed that the husband<br />

<strong>of</strong> the victim had misled the newspaper.<br />

The apology is in line with the requirements<br />

<strong>of</strong> the Access to Information<br />

and Protection <strong>of</strong> Privacy Act,<br />

which states that a publication must<br />

issue a retraction and apology in the<br />

event <strong>of</strong> its story being proven wrong.<br />

However, the police went on to arrest<br />

several journalists despite the apology.<br />

The journalists have also argued that<br />

they had not intended to lie but rather<br />

were genuinely misled.<br />

The new media law places stringent<br />

measures on the media. If convicted,<br />

journalists face a fine <strong>of</strong> Z$100,000<br />

(approx. US$1,800), up to two years<br />

in jail, or both.<br />

ALERT<br />

DATE: 2002-05-22<br />

PERSON(S): Ge<strong>of</strong>frey Nyarota,<br />

Mark Chavunduka<br />

VIOLATION(S): Legislation<br />

Zimbabwe’s police spokesperson,<br />

Assistant Police Commissioner<br />

Wayne Bvudzijena, has initiated legal<br />

proceedings against and is seeking<br />

damages from “The Standard”<br />

and “The Daily News” over what he<br />

alleges to be defamatory articles<br />

about him that were published in the<br />

two private newspapers.<br />

Bvudzijena is also suing “The Daily<br />

News” editor Ge<strong>of</strong>frey Nyarota and<br />

“The Standard” editor Mark<br />

Chavunduka.<br />

The police’s chief public relations<br />

<strong>of</strong>ficer is alleging that the newspapers<br />

wrote that he once served in the militia<br />

<strong>of</strong> Bishop Abel Muzorewa during<br />

the colonial era. Muzorewa was opposed<br />

to the ruling party and present<br />

government, under which Bvudzijena<br />

is serving.<br />

Bvudzijena’s lawyer, Jasper<br />

So This Is Democracy? 227

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