via Brother to Sunday Mail Editor charged for being Baba Jukwa | The Zimbabwean 26 June 2014 by Sofia Mapuranga
Phillip Tawanda Kudzayi, brother to incarcerated Sunday Mail Editor, Edmund Kudakwashe Kudzayi, today appeared in court facing charges of attempting to commit an act of insurgency, banditry, sabotage or terrorism” as well as “subverting a constitutional government”.
Magistrate Vakai Chikwekwe who presided over the matter advised Kudzayi, 29, to lodge his bail application at the High Court arguing that the charges he faced were of a serious nature and had to be dealt with at a higher court.
He was remanded him in custody to July 7, 2014.
According to the charge sheet made available to reporters, Kudzayi, of Number 19 Northcliff, Tongogara/ Colquhoun Avenue, Harare, is accused of subverting a constitutional government and attempting to commit an act of insurgency , banditry, sabotage or terrorism as defined in Section 189 (1) (a) and (b) as read with section 23 (1) (a) of the Criminal Law (Codification and Reform) Act Chapter 9: 23.
All the charges carry a life sentence upon conviction.
The state opposed Kudzayi’ s bail application on the basis that the accused is well connected and the chances of him absconding are very high.
“The accused does not own a house and is currently renting a flat, there is nothing which can stop him from moving away to a place where he cannot be located,” argued the state.
“Investigations are still in progress and with his technical expertise, the accused can easily interfere with the evidence for example deleting and tempering with computer related evidence. Furthermore, there is a potential witness who is out of the country whom the accused can interfere with before a statement has been recorded.”
The state alleges that sometime in April 2013, the accused , his younger brother Edmund Kudakwashe and their identified accomplices still at large and in different locations globally hatched a plan to overthrow the government of Zimbabwe by unconstitutional means in the run up to the July 31 elections.
The accused is alleged to have created a gmail account called email@example.com using his Econet line 0771 446 541. It is the state’s case that the said Gmail account was used to create the faceless Facebook character, Baba Jukwa.
The state alleged that Kudzayi, planned and organized with other accused persons calling themselves, The Gunda Nleya Brigade and Zimbabwe Revolutionary Army, to overthrow the Government through waging war and urged people to join the Zimbabwe Revolutionary Army.
The accused allegedly posted articles on the Baba Jukwa Facebook page which encouraged rebellion against the Government if the said election is stolen. They also posted articles to the effect that they had a Dare Rechimurenga in place and that a team was on the ground studying the situation in Zimbabwe.
“The accused’s creation of Baba Jukwa Facebook page was meant for the consumption of Zimbabweans and to whip up emotions from those who would have accessed and read the said articles on the Baba Jukwa Facebook account,” read the charge sheet.
According to the state’s case, investigations by the police revealed that the accused opened an account with a local bank which he accessed payments made for Amai Jukwa articles authored and published by Edmund Kudakwashe Kudzayi.
“The accused’s particulars were also used in the recovery details of Baba Jukwa Facebook and gmail accounts. Investigations revealed that the Baba Jukwa and and gmail accounts were never hacked into but were being run by administrators from different locations globally.
Kudzayi was represented by his lawyer, Admire Rubaya of Rubaya and Chatambudza legal practitioners and Tawanda Zvekare, the Chief Law officer from the Prosecutor-General’s Office represented the state.