Journalist cleared of criminal defamation charges

Midlands Correspondent
A GWERU journalist working for The Zimbabwean newspaper has been cleared of criminal defamation charges.
Gweru magistrate Sithembiso Ncube acquitted Brenna Matendere of criminally defaming two Criminal Investigation Department officers – Jealous Munyati and Andrew Konje whom he erroneously said had been convicted for soliciting bribes.

In her ruling, the presiding magistrate noted that even though the state had succeeded in proving that a false statement had been published in The Zimbabwean edition of October 3 last year, the state had failed to prove that there was intent to harm the complainants.

Ncube noted that the fact that the complainants refused to have a retraction made their claim that they had a reputation to protect problematic.

Ncube also ruled that the state had failed to prove that Matendere published the article aware that he was publishing a falsehood.

She advised the duo to pursue their case with the civil court as publishing an incorrect statement does not in itself constitute criminal defamation.

The state led by prosecutor Munyaradzi Guvheya said the CID officers Munyati and Konje, based at Gweru Central Police Station, were facing charges of criminal abuse of office after being accused of demanding bribes from suspects.

The two were cleared of the charges in August last year but Matendere mentioned them in one of his articles involving theft.
The scribe, however, did not state that the pair had been acquitted of the alleged crime in the article.

Matendere, through his lawyer Brian Dube, in his defence contended that the duo wanted to settle personal vendettas as they had demanded $600 to drop the charges.

The acquittal of Matendere comes at a time journalists are holding activities to mark World Press Freedom Day today.

Information, Media and Broadcasting Services Minister Professor Jonathan Moyo, is on record as calling for the realignment of the country’s media laws to the new constitution.

He said laws which criminalise journalism should be repealed.