via NewsDay journos apply for case to be referred to ConCourt – NewsDay Zimbabwe January 28, 2016
NEWSDAY deputy editor Nqaba Matshazi and reporter Xolisani Ncube yesterday applied to Harare magistrate Elijah Makomo to have their case of “publishing falsehoods” referred to the Constitutional Court (ConCourt), arguing that the law used to charge them was unconstitutional.
Matshazi and Ncube are jointly charged with Alpha Media Holdings company representative Sifikile Tabethe for breaching Section 31 (1) (ii) of the Criminal Law (Codification and Reform) Act, which prohibits communicating or publishing false statements deemed prejudicial to the State.
The was after the newspaper published an article titled, CIO secretly gets bonuses, early this month.
The trio, represented by Taona Nyamakura, is out on $200 bail each.
Prosecutor Sebastian Mutizirwa noted the application and promised to respond by next week.
Presiding magistrate Elijah Makomo said he would make a ruling on the matter next week.
Three Sunday Mail journalists are also facing similar charges stemming from a story they published which implicated a top police officer for being involved in the alleged poaching of elephants in Hwange National Park.