Daily News trio has a case to answer: Court

Court Reporter
Associated Newspapers of Zimbabwe, its editor Stanley Gama and news reporter Thomas Fungisai Kwaramba accused of criminally defaming businessman Mr Kamal Khalfan have a case to answer, Harare magistrate Mr Milton Serima ruled yesterday.
Mr Serima dismissed the trio’s application for refusal of further remand indicating that there was reasonable suspicion and facts available were enough to link them to the offence.

“In order to succeed in analysing the matter, the State can only do so during trial,” he said. “The court is convinced that there is a case to answer.”
ANZ, represented by its finance manager Zweli Sidanda, Kwaramba (31) and Gama (40) are facing three counts of criminal defamation.

Represented by their lawyer, Mr Gilbert Machingambi, the trio proceeded to make another application for referral of the matter to the Constitutional Court.
“The question we wish to ask is whether Section 96 of the Criminal Law is consistent with the declaration of rights in the Constitution of Zimbabwe,” said Mr Machingambi.

“The centre of the argument is that Section 96 of the Criminal Codification limits what a person may say and in that case limits the freedom of expression due to its chilling effects.”

Mr Machingambi said that the Constitutional Court had indicated there was an argument to be heard on the status of criminal defamation.
Prosecutor Ms Venencia Mtake opposed the application, saying it was frivolous and vexatious.

“Section 61 (5)(c) of the Constitution clearly states that the freedom of expression and media exclude malice,” she said. “There has been malicious damage to the complainant’s reputation and dignity due to the articles published by the accused.

“The Constitution clearly states that every person has an inherent right to dignity and to have that right respected and protected.”
Mr Serima will make a ruling on the application to refer the matter to the Constitutional Court on Thursday.

Gama, Kwaramba and Sibanda are accused of criminally defaming Mr Khalfan in a story published in the Daily News of January 6, 2014.
it is alleged that the Daily News published another false statement about Mr Khalfan on January 7 and 29.