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Mahere Challenges Conviction In Falsehoods Case

1 year agoWed, 26 Apr 2023 10:00:41 GMT
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Mahere Challenges Conviction In Falsehoods Case

Fadzayi Mahere, the spokesperson for the Citizens Coalition for Change (CCC), has filed an appeal against conviction and sentence in a case she is accused of publishing falsehoods.

Mahere was recently convicted and fined US$500 for allegedly lying that the police had beaten a baby to death in the Central Business District of Harare in 2020.

She was spared a prison sentence after magistrate Taurai Manuwere who presided over her case found that her intention was to tarnish the image of the police with a tweet alleging that an officer had killed a baby with a baton.

Mahere was, however, cleared of the prosecution’s charge of promoting and inciting public violence. She believes that the magistrate made an error in his decision. Zimbabwe Lawyers for Human Rights (Rights) representing the opposition spokesperson announced:

Constitutional lawyer & opposition @CCCZimbabwe spokesperson Advocate Fadzai Mahere has asked the High Court to overturn her conviction and sentence for allegedly publishing or communicating falsehoods prejudicial to the state. 

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In her appeal, Mahere argued that the magistrate failed to interpret the law. She argued that the magistrate made several errors in his decision. Mahere claimed that Manuwere made a mistake by accepting the validity of a provision (section 31(a)(iii) of the Criminal Law (Codification and Reform) Act) that was declared invalid under the former Constitution.

Mahere also accused the magistrate of ignoring the fact that she was targeted for prosecution, which violated her right to equality before the law. She further argued that the US$500 fine imposed on her was excessively high and violated her right to freedom of expression.

Mahere wants the High Court to set aside her conviction and sentence.

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