State concedes Zim law is unconstitutional

ZIMBABWE'S Chief Law Officer has conceded that the Criminal Law Codification and Reform Act, which criminalizes publishing or communicating false statements, is vague and should be redrafted, writes Dumi Sigogo for journalism.co.za.


The concessions were made at the Constitutional Court by Tawanda Zvekare who is representing the state in the case in which The Independent, its editor, Vincent Kahiya and Reporter Constantine Chimakure, are being charged under the act.

The two newsmen were arrested in May last year after the weekly paper published an article in its May 8, 2009 edition which named police and secret service agents they claimed tortured former TV news anchor, Jestina Mukoko who is a director of the Zimbabwe Peace Project.

The state accused Kahiya and Chimakure of publishing falsehoods prejudicial to the state and likely to undermine public confidence in the security forces.

Under that law it is a crime to publish or to communicate "to any other person a statement that is wholly or materially false with the intention or realising there is real risk or possibility of undermining public confidence in a law enforcement agency, Prison Service or the Defence Forces of Zimbabwe".

The journalists approached the Constitutional court to have the law declared unconstitutional because it is was unclear, and difficult for an ordinary citizen to determine if an offence had been committed.

Their lawyer argued, "It is difficult to know what conduct or statement may amount to the breach of this particular section. Ascertaining the level of public confidence at any given time is not easy and what yardstick is there to be used. A person who expresses an opinion runs a risk of being prosecuted under this piece of legislation."

In agreeing with the defence, Zvekare said: “Considering the exchanges made in this court, I observe that the draftsmen have to revisit the whole code. The legislature had a noble intention to protect forces from falsehoods, but the draftsmen did not capture it well."

Sitting as a full constitutional bench, Chief Justice Godfrey Chidyausiku, his deputy Justice Luke Malaba , Justices Vernanda Ziyambi, Misheck Cheda and Paddington Garwe, reserved judgment to a later date.