NewsDay journalist Kenneth Nyangani who was arrested yesterday is set to face charges of criminal defamation, although the charge was struck down by the Constitutional Court last year. Nyangani was arrested for writing an article which alleged that First Lady Grace Mugabe had donated used underwear and night dresses to Zanu-PF supporters in Mutare. He is currently detained at the Law and Order Section at Mutare Central Police Station and he is yet to have his warned and cautioned statement recorded from him.
His lawyer Passmore Nyakureba of Maunga Maanda & Associates, who is a member of Zimbabwe Lawyers for Human Rights, challenged the ZRP members’ preference to charge the journalist with criminal defamation as such a provision under Section 96 of the Criminal Law (Codification and Reform) Act was struck down by the Constitutional Court.
In February 2016, Chief Justice Godfrey Chidyausiku sitting with eight other judges, of the Constitutional Court ruled:
It is declared that:
Having been declared as inconsistent with Section 20(1) of the former Constitution in the judgment of this Honourable Court in Madanhire and Another Versus the Attorney-General CCZ2/15, Section 96 of the Criminal Law (Codification and Reform) Act (Chapter 9:23) was not an existing law as defined in Section 1 of the 6th Schedule to the Constitution of Zimbabwe.
Accordingly, for the avoidance of doubt, Section 96 of the Criminal Law (Codification and Reform) Act is void and not part of the said enactment
More: Zimbabwe Lawyers for Human Rights
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