Editor charged with criminal defamation

Chronicle Reporters

POLICE in Bulawayo yesterday charged Chronicle Editor Brezhnev Malaba with criminal defamation over a news article published last month that exposed allegations of corruption at the Grain Marketing Board (GMB).

The story in question, headlined “Govt urged to overhaul GMB” and carried by the paper on 16 February, quoted millers complaining about the alleged diversion of maize to the black market by some unnamed GMB officials who ripped off hungry villagers by offering a few bags of grain in exchange for livestock.
A miller alleged that one top official at the GMB enjoyed the protection of “a senior police officer” from Matabeleland North.
Instead of dwelling on the corruption allegations, police have decided to charge the Chronicle Editor with criminal defamation over the phrase “a senior police officer”.
The Criminal Investigations Department (Fraud Squad) in Bulawayo yesterday (17th March) charged Malaba with violating Section 96 (1a) of the Criminal Law (Codification and Reform) Act that deals with the publication of falsehoods and Section 30 of the same Act that deals with “bringing disaffection” to the police.
Malaba — who is being jointly charged with reporter Nduduzo Tshuma and Zimpapers Bulawayo branch General Manager Sithembile Ncube — signed a warned-and-cautioned statement and strongly refuted the two charges.
The Editor, accompanied by his lawyer Mr Job Sibanda, said he was disappointed by the charges because even at that stage, it was not clear who exactly the complainant was.
“The news article in question was not focussing on the involvement of police in the alleged goings-on at the Grain Marketing Board (GMB). The import of the story was about alleged corruption at the GMB.
“It is strange that police have decided to dwell on a peripheral aspect of the story while clearly turning a blind eye to the substantial allegations raised in that article. A charge of criminal defamation under these circumstances would be incapable of fair application,” said Malaba.
“The news article, quoting our anonymous source, says a ‘senior police officer’ is protecting the allegedly corrupt manager at the GMB. Our story does not name this ‘senior police officer’.
“On that point alone, the allegation of criminal defamation cannot stick because the Chronicle has not injured anyone’s reputation. The allegation that the story has impugned the reputation of the Zimbabwe Republic Police (ZRP) is too broad, nebulous and ill-defined in a democratic society,” he added.
“In any event, the allegation of corruption against the ‘senior police officer’ is not extravagant on the part of the Chronicle. It is contained in a direct quote recorded from our source whose main aim was to blow the whistle on the alleged corruption at the GMB.
“In that connection, the involvement of the ‘senior police officer’ was mentioned only in passing. After reading that article, the average right-thinking Zimbabwean would not conclude that the story is about police corruption.
“He would conclude that the story is about the alleged corruption at the GMB and the plight of desperate villagers,” said Malaba.
“When the CID officers first contacted the reporter who wrote the story, they demanded to know the name of our anonymous source. The reporter would not divulge the name of our source. The CID officers were then told to talk to the Editor.
“When the Editor told them that he would not reveal the source, the CID officers then told the Editor that they were charging him with criminal defamation.
“We would like to make it categorically clear that it is not the duty of journalists to conduct investigations on behalf of police detectives. Police should not seek to punish journalists for refusing to do their job for them,” he added.
“The GMB and the ZRP are public institutions. Their actions are not above scrutiny. The Constitution upholds every citizen’s right to subject public institutions to critical scrutiny. When such scrutiny is applied, the words used are unlikely to have results that may detrimentally affect the interests of the State or community.
“In fact, such scrutiny, helping to expose the alleged looting of maize meant for financially vulnerable Zimbabweans, should strengthen the public institutions in question so that they remain responsive to the concerns of ordinary citizens. Public institutions must respond openly to criticism instead of seeking to suppress it,” said the Editor.
“The story itself was substantially true. It was also in the public interest because it exposed the alleged corruption at the GMB, a public institution that is at the heart of the nation’s food security system. Instead of dwelling on the corruption allegations levelled against the GMB, the police are now focussing on peripheral issues that have nothing to do with the import of the news article in question. We published the story for the public benefit,” said Malaba.
“The police have not utilised their right of reply despite the fact that they believe the story contains inaccuracies. Inaccurate statements are inevitable in a free and democratic society. The police have not engaged the Chronicle to seek a correction of the purported inaccuracies, if any,” said the Editor.
Malaba faces imprisonment or a fine, or both if convicted.