Zimbabwe journalists institute another court action

LAWYERS REPRESENTING ZIMBABWE journalists Mark Chavunduka and Ray Choto have filed an application in the Supreme Court seeking to force the commissioner of police, Augustine Chihuri, to investigate the crimes committed by agents of the state against the journalists. The application cites the commissioner of police and the attorney general as the first and second respondents respectively. The two journalists argue in the application that despite formally lodging complaints with the authorities, nothing has been done and no investigations have been instituted against the state agents who tortured them after their illegal arrest and detention in January this year following a story that appeared in the Standard newspaper alleging a coup plot against the government of President Robert Mugabe.

In their affidavits, the two journalists argue that the charges they are laying on the state are very serious in nature, far more serious than the ones they are facing (publishing false news contrary to section 50 of the Law and Order Maintenance Act), since the high ranking officials accused of torture are sworn to protect and not unlawfully detain and torture Zimbabwean citizens.

Background

Chavunduka was arrested by the military on 12 January 1999, and Choto was arrested by police on 19 January, and then handed over to the military for interrogation. Before their release on bail on 21 January, the newspaper secured at least three High Court orders demanding their release, but all were ignored.

Both men sustained serious injuries as a result of torture suffered at the hands of military police during their illegal detention. Both journalists are facing charges under Section 50 (2) of the Law and Order Maintenance Act following an article in the Standard on 10 January alleging a coup plot within the ranks of the military. They are accused of publishing false information likely to cause fear and alarm.

The journalists have instituted several court actions against various parties since their release, including a High Court application challenging the constitutional validity of the law under which they are being charged. They are also suing the army for unspecified damages for wrongful arrest and detention, and have laid criminal charges over their assault and torture, while also pressing charges against the police detectives who handled their case for aiding and abetting their release from "lawful police custody to the illegal detention of the military authorities." In addition, Chavunduka has formally laid a contempt of court charge against the defence secretary, Job Whabira, who failed to procure his release on being served with a court order to this effect. The court cases are all ongoing.

See earlier story,
SAMLB Vol. 4 No. 3, May 1999
MISA