Charges against the four journalists from the Daily News were changed from publishing a report that could cause fear, alarm and despondency to distribution or circulation of a subversive statement.
The four were editor Geoff Nyarota, deputy editor Bill Saidi, news editor John Gambanga and reporter Sam Munyavi.
The journalists were arrested for a front page story that alleged that police vehicles were used to assist people looting commercial farms in the Chinhoyi area.
Full cable:
Viewing cable 01HARARE2439, CHANGE IN CHARGES AGAINST DAILY NEWS JOURNALISTS
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This record is a partial extract of the original cable. The full text of the original cable is not available.
170909Z Aug 01
UNCLASSIFIED PTO4248
PAGE 01 HARARE 02439 170912Z
ACTION AF-00
INFO LOG-00 NP-00 ACQ-00 CIAE-00 DODE-00 DS-00 UTED-00
VC-00 TEDE-00 INR-00 VCE-00 NSAE-00 NSCE-00 SSO-00
SS-00 TEST-00 USIE-00 DSCC-00 DRL-02 NFAT-00 SAS-00
/002W
——————13518B 170913Z /38
FM AMEMBASSY HARARE
TO SECSTATE WASHDC IMMEDIATE 9489
INFO SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
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
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
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