Online Reporter
Mathew Masinge
INTENSE emotions have been evoked by the outcome of Mai Jeremaya’s rape trial which ended on Friday.
The social media influencer was deemed an active consenting participant in a paid sexual encounter after her evidence was deemed to be marred with inconsistencies by Harare magistrate Letwin Rwodzi.
The feedback on our platforms is a mixture of emotions from her sympathisers while others feel justice was served on the two accused men, Thabo Blessing Dube and Martin Charlie.
Thabo and Martin claimed they were detained after they were tracked down by controversial private investigator Tafadzwa “Detective Kedha” Chidawa.
The two claimed they were ordered to pay US$500, which was later brought down to US$300, to facilitate their release before they were handed over to Waterfalls police.
They claimed the detention lasted for more than two hours, they were paraded on social media and assaulted by Chidawa during their interrogation.
Some of our readers have suggested the two men must sue Detective Kedha for publicly shaming them and their families.
Interestingly, neither Mai Jeremaya nor the State called Detective Kedha to testify during the rape trial.
We spoke to a number of lawyers and virtually all of them preferred anonymity for professional reasons.
But, here are some of their views:
Criminally, Thabo and Martin should open a case for cyberbullying and unlawful detention and assault against Chidawa. For their civil rights infringement they can also pursue defamation damages from Chidawa.
164B. Cyber-bullying and harassment
Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
164C. Transmission of false data message intending to cause harm
Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes data to any other person concerning an identified or identifiable person knowing it to be false with intend to cause psychological or economic harm shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment — Anonymous
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Thabo and Martin, just like any citizen, are protected under privileges, one of our young lawyers was actually doing the matter, Shepherd Makonde, congrats to him, justice prevailed. I’m sure he is working on something. This is what can happen now, generally remedies they can pursue involve malicious prosecution or defamation lawsuits. What Chidawa did in filming and sharing of the video is a cyber offence — Anonymous
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This is a win for the justice system in Zimbabwe and we say well done to the magistrate and the defence lawyer but, however, every decision done by the magistrate is subject to review by a High Court judge. There are two things which these two men can pursue in terms of the law, firstly they have the right to press criminal charges against Chidawa and also seek damages from both Mai Jeremaya and Chidawa. The criminal charges involve unlawful detention and cyber bullying while his action to publicly humiliate them qualifies for a claim for damages. However, they have to sustain their claim for damages with substantial evidence to convince the judge — Anonymous
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Two things stand out, malicious prosecution emanating from Mai Jeremaya following her decision to press charges after engaging a private investigator who failed to extort the alleged assailants. The second one has to do with the attempted blackmail when Chidawa demanded US$500 from the duo on behalf of Mai Jeremaya. The two can also press assault charges if ever they were administered any bodily harm. The unlawful detention for more than two hours is also another avenue they can pursue criminally — Anonymous
Mathew Masinge