A Zimbabwe magistrate in the southern city of Bulawayo, Mark Nzira, on March 15 dismissed an application for discharge at the close of the State case by Ubuntu Times Correspondent Jeffrey Moyo.
The State alleges that Moyo illegally acquired media accreditation cards from the Zimbabwe Media Commission (ZMC) for two foreign journalists, Christina Goldbaum and Joao Silva, when they arrived in Bulawayo from South Africa on May 5 before they were deported on May 8.
Moyo is said to have facilitated the media cards despite the applications by Goldbaum and Silva having been turned down by the Ministry of Information, Publicity and Broadcasting Services.
In his ruling, Magistrate Nzira said Moyo must raise a defence as the State has enough evidence against him.
Jeffrey Moyo’s wife, Purity, has offered support to her husband during his prosecution. Credit: Jeffrey Moyo
Moyo was jointly charged with a ZMC employee, Thabang Manhika, who was acquitted last on March 10 by the same magistrate after the State failed to amend the charges and prosecute the two separately.
Kathleen Mpofu, who is representing Moyo, told the media that the magistrate said her client has a case to answer.
“In his findings, it seems the magistrate relied on the fact that the state had led the evidence of the allegedly false accreditation cards that had been obtained by foreign journalists. Based on his interpretation of the evidence led by the state, he found that it was sufficient to put my client to his defence.
“Therefore the ruling of the application for discharge at the close of the state case was dismissed by the magistrate. He found that the state had led enough evidence for Mr. Moyo to be put to defence,” said Mpofu.
The matter was deferred to April 28 for continuation led by prosecutor Avumen Khupe.
The lawyer representing Ubuntu Times’ Zimbabwe correspondent Jeffrey Moyo, 37, says the State is “acting in an unjust way” after it issued an arrest warrant for his client on Thursday, June 24 without a legal basis.
Douglas Coltart said the arrest warrant, which was later canceled, is part of the State’s mechanisms to frustrate court proceedings before his client made an application for refusal of remand.
“We have been denied the right to make this application (refusal of remand) in the court and the magistrate insisted that we file the written submissions. The court issued an arrest warrant against my client without any legal basis because we were in court on time. We had to prove through paper trail that my client is not a flight risk and that we were in court on time.
“This shows the State, in this case, is acting in an unjust way,” said Coltart.
Moyo’s case is being heard in a Bulawayo court, about 450km southwest of the capital Harare, where he stays with his family. He is currently out of custody on ZW$5,000 (US$59) bail and denies allegations that he facilitated procurement of media accreditation cards for two foreign journalists without following due procedure.
Jeffrey Moyo, left, and his lawyer Douglas Coltart. Coltart says the State is not acting in good faith when dealing with his client’s case. Credit: Jeffrey Moyo / Ubuntu Times
According to Coltart, the State is yet to respond to his client’s court application for refusal of remand.
Zimbabwe’s government spokesperson Nick Mangwana told Ubuntu Times that Moyo is facing the consequences of contravening the country’s laws abusing journalistic freedoms.
Mangwana said Zimbabwe, despite being ranked 130 on the World Press Freedom index, enjoys cordial relations with both local and international media institutions and “Moyo’s arrest had nothing to do with media or press freedom.”
“As a government, we are doing well and not worried. We have good relations with media institutions, local and international. If the crime Jeffrey Moyo is alleged to have committed was committed by a medical doctor, that doctor was going to face similar fate. If that doctor was arrested, people should not say Zimbabwe is against medical doctors.
“There is nothing about press freedom in this case in which Moyo is charged,” he told Ubuntu Times.
Mangwana also indicated that government has not hindered or banned journalists from practicing in Zimbabwe “because there is a regulator (ZMC) who in my view has not banned anyone from practicing journalism.”
“We have an example of journalists who wrote stories that led to the resignation of a whole vice-president here in Zimbabwe and no one was been penalized for that. That is press freedom people want and they have it. But Jeffrey Moyo’s case is a different one. He committed a criminal offense by abusing his journalistic freedoms,” added Mangwana.
Moyo is set to return to court on July 8 for routine remand.
A Zimbabwe magistrates’ court in the city of Bulawayo on Monday, May 31 threw out a bail application by Mr. Jeffrey Moyo, a correspondent for Ubuntu Times, citing that he is a “flight risk.”
Allegations against Mr. Moyo by the state are that he contravened the country’s Immigration Act by “fraudulently or misrepresenting in facilitating the entry of foreigners in the country” without due procedure.
Prosecutor Mr. Thompson Hove told the court Mr. Moyo assisted two foreign journalists to illegally enter the country and facilitated their press cards after the duo had been denied such by the Information Ministry.
In her ruling, magistrate Rachel Mukanga said Mr. Moyo is facing serious charges that could see him serve a ten-year prison sentence if convicted.
Mr. Moyo’s lawyer said he is “urgently” appealing the ruling at the High Court though the process might take “a week or even longer” to be heard.
“We certainly felt that Jeff was a very good candidate for bail. We hoped that justice would be done, but we have feelings that this is not unusual especially in the magistrates’ court where good candidates are denied bail in these politicized cases,” said Mr. Douglas Coltart.
Mr. Coltart said he is still waiting for the magistrates’ record though he has made a request.
He added: “As soon as we get necessary copies for us to file the appeal we will do so. By law, it (getting magistrates’ record) is meant to be on an urgent basis because all bail matters are urgent. But sometimes the record can take a week or even longer than that and once we file our appeal it will have to be set down by the high court.”
Ubuntu Times journalist who was arrested Wednesday on allegations of contravening the country’s immigration laws and allegedly facilitating the accreditation of two foreign journalists without due procedure is being kept under inhumane conditions, his lawyer has said.
Mr. Jeffrey Moyo, 37, is alleged to have misrepresented in the facilitation of accreditation for New York Times journalists Christina Goldbaum and João Silva who arrived in the country on May 5 but were later deported. Mr. Moyo appeared in a Bulawayo court for bail application on May 28 but was remanded in custody for ruling set for Monday, May 31.
His lawyer Mr. Douglas Coltart said the State in its submissions raised numerous grounds in their opposition to Moyo’s freedom saying the “issue is a national security threat.”
Mr. Coltart said the grounds of the State’s opposition to his client’s freedom are not based in law but “it appears to demonstrate the politicization of this case and interference of the Information Ministry in the functioning of an independent commission.”
He said Mr. Moyo is “mentally strong.”
“Jeff is doing good but the conditions of his detention are absolutely horrific and inhumane. When he was detained at Bulawayo Central police station, they took away some of his warm clothes and was sleeping on the floor, and yet we are in winter but nevertheless, he is mentally strong,” said Coltart.
The Zimbabwe Union of Journalists (ZUJ) president Mr. Michael Chideme said his union is “following court proceedings and will offer a statement after speaking to Mr. Moyo.” The Media Institute of Southern Africa (MISA) Zimbabwe Chapter director Mr. Thabani Moyo said they are “trying to understand the matter.”
Spokesperson of the Young Journalists Association (YOJA) Mr. Leopold Munhende said as young media practitioners operating in Zimbabwe they “are really worried about Jeff Moyo at the present moment.”
“We are viewing this as an attack on the media. It has been happening over the years, it is not new of course. We now hear they took some of his clothes in this winter. The lawyers are being clear he did nothing. They are saying it is not his responsibility to accredit journalists but that of the ZMC.
Mr. Munhende said as young journalists they “fear that one day this could happen to us if the state wants.”
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