Monday, May 6, 2024

Press Freedom

Zimbabwe Court Tells Ubuntu Times Journalist He Has Case To Answer

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.

Moyo, who is out on $5,000 bail, was arrested on May 26 last year for allegedly contravening Zimbabwe’s Immigration Act

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.

Together in difficult times
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. 

Freedom For Arrested Journalist Placed On Hold

A court in Zimbabwe has further delayed passing a ruling in a matter in which Ubuntu Times correspondent Jeffrey Moyo is seeking refusal of remand.

The ruling which was expected to be passed between July 22 and July 25 has been indefinitely postponed and the matter remanded to September 10.

Moyo’s lawyer, Doug Coltart, has said the postponement of his client’s ruling is a typical example of how the courts in Zimbabwe deal with politically sensitized matters.

“We are yet to receive the ruling and the matter has been remanded to September 10. We were anticipating the ruling between July 22 and July 25 but the court has not communicated to us what has prompted the delay,” said Coltart.

Presiding magistrate Rachel Mukanga previously told the court that Moyo is facing serious charges that could see him spend a decade in prison if convicted.

According to the State, Moyo allegedly contravened the country’s immigration laws in May when he facilitated the accreditation and entry of two foreign journalists without following due procedure.

He has denied the charges.

Government spokesperson Nick Mangwana recently told this publication that Moyo is neither a victim of political persecution nor free expression but should face the law.

A recent report showed that Zimbabwe has dropped two places on the World Press Freedom Index from number 129 to 131.

Zim Govt Trying To Frustrate Arrested Journalist’s Freedom Bid – Lawyer

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
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.

Journalist Denied Bail, Faces 10 Years In Prison

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.

He was remanded in custody at Bulawayo Prison and will be back in court on June 10 for a routine appearance.

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.”

Arrested Zim Journalist Mentally Strong Under Inhumane Conditions

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.”

Family Demanding Answers Six Years After Disappearance Of Scribe

Harare, Zimbabwe — Six years after the disappearance of Zimbabwean journalist Itai Dzamara, his wife Sheffra is still demanding answers about his whereabouts from the authorities of this country’s regime.

On March 9, 2015, Sheffra said unidentified men outside the barbershop in the vicinity of the couple’s home in Harare, the Zimbabwean capital, seized her then 35-year-old husband accusing him of livestock theft before bundling him into one of their unmarked vehicles and sped off.

Since then, Itai’s whereabouts have remained a mystery.

“My message today is we will not forget Itai and we pray that we get answers and we hope the government of Zimbabwe will help us to find him or to find the abductors,” said Sheffra.

A journalist by profession and founder of a pro-democracy movement called Occupy Africa Unity Square that campaigned for the resignation of former Zimbabwean President Robert Mugabe, Itai had become a thorn in the flesh of the country’s ruling party, the Zimbabwe Africa National Union-Patriotic Front (Zanu-PF).

Days before his abduction, Itai had urged thousands of people at a rally organized by the late Movement for Democratic Change party leader Morgan Tsvangirai, to topple Mugabe.

Robbed of her husband, with her two children — a 13-year-old boy and an eight-year-old girl, she (Sheffra), said ‘the children know what happened, so we just pray for him to come back to us one day.’

“Life without him is hard. It’s hard to live for six years without knowing where (Itai) he is or what happened to him, especially when l look at our two young kids; it’s hard.”

“My boy and girl can’t wait to see their dad. They talk about him most of the time, saying that when dad comes, we will run to meet and embrace him,” Sheffra told Ubuntu Times.

Itai’s brother, Paddy Dzamara, said ‘my message is directed to those who took Itai and also to Mr. ED Mnangagwa (the President) to provide us with closure of his whereabouts.’

“Itai’s abduction and disappearance has been hard for the family and we all miss him. His children Nokutenda and Nenyasha always ask about his whereabouts and when he will come back to them,” Paddy told Ubuntu Times.

Gladys Hlatshwayo, the opposition MDC Alliance secretary for external affairs, said ‘we remember the courageous Itai Dzamara who was abducted on this day six years ago.’

“He is still unaccounted for to this day. Sadly, his brother Patson Dzamara passed away before he could get answers,” said Hlatshwayo.

Patson who led calls for the return of his brother Itai, succumbed to colon cancer last year.

Press Advocacy Body Implores UN To Investigate Cameroonian Journalist’s Death

Three United Nations special rapporteurs on extrajudicial executions, freedom of opinion, and torture have been called upon to investigate and expose the true circumstances leading to the death of Cameroonian journalist Samuel Wazizi, whose legal name was Samuel Ajiekah Abwue. Paris-based press freedom advocacy group, Reporters Without Borders (RSF), made the request on August 11, 2020, the organization said in a statement.

Many rights groups, including Reporters Without Borders, have doubted government’s official account of Wazizi’s death. “The government’s version is riddled with inconsistencies and we doubt that we will learn the truth from the promised investigation. We, therefore, urge the United Nations to do everything in their power to ensure that the circumstances resulting in Samuel Wazizi’s death are established,” Paul Coppin, Head of RSF’s Legal Unit, said. After Wazizi’s death was officially made public on June 5, 2020, President Biya promised to carry out an independent and transparent inquiry into the matter, but till now there has been no outcome.

Wazizi’s family, colleagues, and rights groups suspect the journalist was either severely tortured or mistreated. Back then in June, the Committee to Protect Journalists’ Africa Programme Coordinator, Angela Quintal said the Cameroonian government’s treatment of journalist Samuel Wazizi was cruel and shocking. “It is unbelievable that authorities covered up his death in custody for 10 months despite repeated inquiries from press freedom advocates and his family, colleagues, friends, and lawyers,” Quintal said.

RSF wants the UN to put pressure on the government of President Paul Biya to disclose those who perpetrated the death of the journalist and prosecute them accordingly.

Wazizi, a Pidgin newscaster and cameraman working for Chillen Muzik Television (CMTV) in Buea was arrested on August 2, 2019, in connection to the ongoing, drawn-out Anglophone crisis. Five days following his arrest, he was transferred by soldiers from the Muea police station, where he had been temporarily detained, to the 21st Motorized Infantry Brigade in Buea. Wazizi was subsequently transferred to an undisclosed facility and held incommunicado until his death. The journalist was suspected of having links with separatists but was never given the opportunity to appear in court for an impartial, free and fair trial. It is very likely the crackdown on Wazizi must have been related to the journalist’s critical reporting of the ongoing separatist conflict between resolute armed separatists seeking to create a state they would call ‘Ambazonia’ and government troops.

Under President Paul Biya, 87, who has been in power for close to four decades, Cameroon has in recent times seen a sharp decline in press freedom, making it difficult for journalists to hold authorities to account. The media landscape has been increasingly hostile that it is common for journalists critical of the regime to suffer intimidation, arbitrary arrest, and detention, as well as torture. Some, like Mbom Sixtus, have been forced to go on exile. Others have been gagged from speaking truth to power.

Cameroon is rated “Not Free” by Freedom House and the central African nation dropped five places in two years to emerged the 134th country in the world on RSF’s 2020 World Press Freedom Index.

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