A HARARE magistrate on Friday dismissed an application by Alpha Media Holdings (AMH) challenging placement on remand on charges of undermining or insulting President Emmerson Mnangagwa.
Magistrate Ruth Moyo on Friday ruled that the state had established reasonable suspicion that an offence had been committed.
AMH was represented by its editor-in-chief Kholwani Nyathi.
The charges emanate from a satirical article published in one of the AMH’s weeklies, the Zimbabwe Independent titled When you become a mafia state.
Prosecutor Tukudzwa Jambawo had argued that the satirical article in question insulted and undermined Mnangagwa.
Jambawo said the article, which referred to Zimbabwe’s role as the chairperson of the Southern African Development Community (Sadc), implicated the country in electoral misconduct across the region, and clearly pointed to Mnangagwa.
He also cited the inclusion of a photograph of Mnangagwa alongside Mozambican President Daniel Chapo as evidence of intent.
Jambawo said the wording of the column — including references to “our Owner” and “we were implicated” — made clear reference to Zimbabwe and its head of state, despite the defence’s claim that the comments were too vague to link them directly to the president.
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Jambawo insisted that the submissions by the defence regarding media freedom and unlawfulness were matters to be raised during trial and not grounds to block placement on remand.
Defence lawyer Chris Mhike argued that AMH’s placement on remand amounted to the criminalisation of journalism and a violation of democratic principles, including the rights to free expression and access to information.
Mhike maintained that journalism should not be treated as a crime and that no offence had been disclosed in the state’s allegations.
Faith Zaba, the Zimbabwe Independent editor, was recently arrested and released on bail on similar charges.
Zaba, who is also facing accusations of insulting the president through the popular Muckracker column, spent three nights in custody.
Her case has drawn criticism from media watchdogs and press freedom advocates, who warned of an increasingly hostile climate for independent journalism in Zimbabwe
Nyathi is expected back in court on July 29 together with Zaba where the state intends to apply for consolidation of the charges.
The AMH are publishers of the Zimbabwe Independent, The Standard, NewsDay, and Southern Eye and also runs the online Heart & Soul radio station.
