IFEX- News from the international freedom of expression community
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ALERT UPDATE - ZIMBABWE

9 November 2001

Editor released on bail

SOURCE: Media Institute of Southern Africa (MISA), Windhoek

**Updates IFEX alerts of 8 and 7 November 2001**

(MISA/IFEX) - MISA has confirmed that Geoffrey Nyarota, editor-in-chief of
"The
Daily News", and the former chief executive of Associated Newspapers of
Zimbabwe
(Private) Limited (ANZ), that publishes "The Daily News", Wilf Mbanga, have
been
released from police custody on bail of Z$10,000 each (approximately US$182
at
the official rate).

MISA's chapter in Zimbabwe (MISA-Zimbabwe) reported that Nyarota and Mbanga
are
required to visit the Criminal Investigations Department (C.I.D.) every
Tuesday,
surrender their travel documents by 28 November 2001, not interfere with
state
witnesses and also stay at the addresses they gave to the court.

According to reports from Harare, both Nyarota and Mbanga are in good
health,
despite a night spent in a police cell with ten other prisoners and no water
or
blankets.

In granting bail, Magistrate Winston Nyamwanza said that he would make a
ruling
on the matter on 16 November. In his submissions to the court, Advocate Eric
Matinenga said that the police had unnecessarily arrested his clients when
no
proper investigations or charges had been laid down. He said that no arrest
warrant was issued, but the two were still arrested.

Matinenga said that a technical error was made by accounting and corporate
advisor firm PriceWaterhouse Coopers. He noted that the accounting firm has
accepted liability for confusing Motley Investments Private Limited with
Motley
Trading. He said that Motley Trading is the shelf company that Nyarota and
Mbanga created in order to facilitate the formation of the ANZ group.

The Zimbabwe Investment Centre argues that Nyarota and Mbanga breached
section
40 of the Z.I.C. Act by lying that Motley Investments Private Limited was in
existence, when it should have been Motley Trading Company. Matinenga argued
that on that basis there is no reason why his clients had to be arrested
and,
even worse, detained for two days. "A police officer must entertain a
reasonable
suspicion that an offence was committed . by simply asking for this
information
the police could have ascertained that no offence was committed. The letter
from
the accountants explains the circumstances relating to the clerical error
whereby Motley Trading was described as Motley Investments Private Limited,"
said Matinenga. "The application for the investment certificate was
accompanied
by the memorandum and articles of understanding which had the correct
information and Z.I.C. could have easily perused their papers to ascertain
the
truth," said Matinenga. "What the police did was to effect arrest in order
to
investigate. The investment document, which had all the information, is a
public
document which the police could easily have accessed without arresting my
clients and, by simply asking the two, information could have been made
available," said Matinenga.

Matinenga argued that no one was prejudiced by the mistake in the names and
that
neither was there an intention on the part of his clients to lie. Matinenga
said
that the conduct of the police deserves a censure, as this is a clear case
of
harassment and prejudice. In reference to the allegation that Nyarota and
Mbanga
had said that they would only publish weeklies and were now publishing a
daily,
Matinenga read the application, one section of which states that the company
intends to expand and establish more newspapers. "What then is the
misrepresentation here," asked Matinenga.

Responding to the state's argument that the two accused had prejudiced the
state
because no investment came from the foreign partner, Matinenga said that the
bank transactions were available for inspection by the police. He also said
that
the printing press that was bombed in January was bought by the foreign
investor
and the information was available for inspection. Matinenga asked what
investigations the police carried out if they did not ask those basic
questions.

Matinenga also argued that breaking section 40 of the Z.I.C. Act calls for a
maximum Z$2,000 (approx. US$36 at the official rate) fine, yet Nyarota and
Mbanga were arrested and detained for two days.

The state, represented by Public Prosecutor Innocent Shavi, argued that the
two
had prejudiced the investment because no foreign investment had been made in
Zimbabwe. Shavi also said that the letter from the accountants only surfaced
when the police arrested the two individuals in question. He questioned why
the
correction had not been made earlier. Shavi said that Nyarota and Mbanga had
misrepresented information to other investors such as Diamond Insurance,
hence
prejudicing them. Capital was provided for the ANZ in Zimbabwe without any
foreign participation, according to Shavi. Shavi said that the confusion
over
the names was a clear case of Nyarota and Mbanga trying to circumvent the
law.

Matinenga asked that Nyarota be excused from visiting the police until 28
November, as he will be travelling to the United States. Nyarota is among
four
international journalists who will be honoured, on 20 November, with one of
the
International Press Freedom Awards presented annually in New York by the
Committee to Protect Journalists (CPJ).

For further information, contact Zoe Titus or Kaitira Kandjii, Regional
Information Coordinator, MISA, Street Address: 21 Johann Albrecht Street,
Mailing Address; Private Bag 13386 Windhoek, Namibia, tel: +264 61 232975,
fax:
+264 61 248016, e-mail: [email protected] or [email protected],
Internet:
http://www.misa.org/

The information contained in this alert update is the sole responsibility of
MISA. In citing this material for broadcast or publication, please credit
MISA.
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