State in Spotlight as Defence Exposes 'Suspect' Prosecution Certificate in Zaba Case

Knowledge Muneri.  

The trial of Zimbabwe Independent editor Faith Zaba and her employer, Alpha Media Holdings (AMH), has been thrown into controversy after defence lawyers accused the National Prosecuting Authority of Zimbabwe (NPAZ) of attempting to mislead the court with a "fraudulent, irregular, and legally defective" prosecution authority certificate.

Zaba and AMH, represented by AMH Editor-in-Chief Kholwani Nyathi, are being charged with undermining the authority of or insulting the President, an offence under section 33 of the Criminal Law (Codification and Reform) Act. The charge stems from a Muckraker column published in the Zimbabwe Independent in June.

When the trial was set to commence on Wednesday, State prosecutor Lawrence Gangarahwe unexpectedly applied for a postponement, admitting that the authority letter earlier provided to the defence was not issued by the Prosecutor-General (PG) as required by law, but was instead signed by NPAZ chief director Tendai Shonhai.

Defence lawyer Chris Mhike, representing Zaba and AMH on behalf of senior counsel Alec Muchadehama, objected to the postponement, accusing the State of dishonesty, delaying tactics, and trampling on the constitutional rights of the accused.

Mhike argued that the certificate was not only unsigned by the PG but bore several glaring irregularities, including a discrepancy in the date stamp and an incorrect section reference. He urged the court to dismiss the postponement application and remove the accused from remand.

The magistrate, however, ruled in favour of the State, allowing a two-week extension for the PG's certificate to be obtained.

Muchadehama indicated that the defence will file several applications at the next sitting, including a possible referral to the Constitutional Court for a ruling on the constitutionality of section 33.

The case has raised concerns about press freedom and the rule of law, with Zaba and AMH maintaining that their arrest is an attack on freedom of expression. The matter resumes on December 3.