Zimbabwe Republic Police (ZRP) has charged NewsDay journalist Kenneth Nyangani with criminal nuisance instead of defamation for a story on Grace Mugabe’s donation of used undergarments.
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 detained at the Law and Order Section at Mutare Central Police Station where he had his warned and cautioned statement recorded from him. In an update Zimbabwe Lawyers for Human Rights wrote:
NewsDay journalist Kenneth Nyangani has finally been charged with criminal nuisance as defined in Section 46 (2) (v) of the Criminal Law (Codificatbn and Reform) Act Chapter 9:23. ZRP members arrested Nyangani on Monday following the publication of a story in NewsDay regarding the donation of some used undergarments to some ZANU PF supporters, which were reportedly sourced by First Lady Grace Mugabe and handed over to the ruling party loyalists by Esau Mupfurni, the ZANU PF legislator for Chikanga-Dangamvura constituency.
Nyangani is being represented by Passmore Nyakureba of Maunga Maanda & Associates, who is a member of Zimbabwe Lawyers for Human Rights. His lawyer had earlier 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.
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