CHANGE IN CHARGES AGAINST DAILY NEWS JOURNALISTS

UNCLAS HARARE 002439 SIPDIS DEPT FOR AF/S (KRAFT),AF (BELLAMY),AF/PD (SANDERS, ROBERTSON, COX) NSC FOR JENDAYI FRAZER LONDON FOR GURNEY PARIS FOR BISA WILLIAMS NAIROBI FOR PFLAUMER E.O. 12958: N/A TAGS: KPAO PREL ZI PHUM SUBJECT: CHANGE IN CHARGES AGAINST DAILY NEWS JOURNALISTS UNCLASSIFIED PAGE 02 HARARE 02439 170912Z ¶1. THE CHARGES AGAINST THE FOUR JOURNALISTS FROM THE INDEPENDENT "DAILY NEWS" WERE CHANGED LATE ON AUGUST 16. THE FOUR JOURNALISTS (EDITOR GEOFF NYAROTA, DEPUTY EDITOR BILL SAIDI, NEWS EDITOR JOHN GAMBANGA AND REPORTER SAM MUNYAVI) ARE NOW CHARGED WITH "DISTRIBUTION OR CIRCULATION OF A SUBVERSIVE STATEMENT," A VIOLATION OF SECTION 44 (2)(B) OF THE LAW AND ORDER MAINTENANCE ACT (LOMA). ¶2. THE FOUR WERE ORIGINALLY CHARGED WITH PUBLISHING A REPORT THAT COULD CAUSE "FEAR, ALARM OR DESPONDENCY AMONG THE PUBLIC," A VIOLATION OF SECTION 50 (2)(A) OF THE LOMA. THAT CHARGED WAS DROPPED WHEN POLICE REALIZED THAT THE ZIMBABWEAN SUPREME COURT HAD DECLARED SECTION 50 UNCONSTITUTIONAL IN 2000. THE FOUR WERE THEN CHARGED WITH CRIMINAL DEFAMATION OF THE ZIMBABWE REPUBLIC POLICE. THAT CHARGE WAS DROPPED WHEN THE JOURNALISTS' LAWYER MADE THE CASE THAT ONLY INDIVIDUALS, NOT INSTITUTIONS, CAN LEGALLY BE DEFAMED. ¶3. THE FOUR JOURNALISTS REMAIN FREE ON PERSONAL RECOGNIZANCE. NO COURT DATE HAS BEEN SET. WHITEHEAD UNCLASSIFIED >