THE editor of the Zimbabwe Independent Vincent Kahiya and News Editor
Constantine Chimakure were arrested on Monday on the orders of the
Attorney-General, Johannes Tomana, a cabinet minister told parliament on
Wednesday.
Giles Mutsekwa, the co-Minister of Home Affairs, told the House of
Assembly that the arrest was effected without his knowledge or that of
Police Commissioner-General Augustine Chihuri.
Asked by MDC-T MP for Kwekwe, Blessing Chebundo, if it was his
ministry's policy to arrest journalists for covering court proceedings that
highlight matters of public interest, Mutsekwa said his ministry condemned
the arrest and harassment of journalists.
Mutsekwa said he had spoken to Chihuri who denied involvement in the
arrest of the journalists and said he had since asked him to write a report
on what happened.
He said it was not his ministry's policy to arrest journalists going
about their normal business.
Mutsekwa said: "You might probably be aware ... that the
Commissioner-General of the police who is under my ministry has made a
public statement that he also disapproves of the arrest of journalists who
are going on with their normal duties.
"However, in this particular incident, I want the nation to know that
my ministry was not involved in giving instructions to arrest. I was also
disgusted that these journalists (Kahiya and Chimakure) have been arrested."
He said he approached Chihuri to find out what had transpired.
"The story I got from the Commissioner-General was that this
particular instruction came through the Ministry of Justice and particularly
sent by the Attorney-General. I had an occasion to discuss this issue with
the Attorney-General yesterday (Tuesday) who admitted to having given the
instruction to the police to incarcerate the journalists in question.
"I have asked the Commissioner-General to reduce this to writing so I
can take it up with my colleague in the Ministry of Justice (Patrick
Chinamasa pictured). I want to reiterate that it is not my ministry's policy
and I am also completely disgusted that this took place."
National Constitutional Assembly chairperson Lovemore Madhuku last
night said the Attorney-General has no powers to order the police to arrest
anyone, adding if what Mutsekwa told parliament was true Tomana should be
investigated for interfering with police work.
"In terms of the constitution, the Attorney-General has no power to
instruct police to arrest anyone," Madhuku said. "He is empowered to order
the police Commissioner-General to investigate the commission of any crime
and report to him. The police should also not have executed the
instruction."
In terms of the constitution, the Attorney-General "may require the
commissioner of police to investigate and report to him on any matter which,
in the Attorney-General's opinion, relates to any criminal offence or
alleged or suspected criminal offence, and the commissioner of police shall
comply with that requirement".
Kahiya and Chimakure were arrested after presenting themselves at the
Law and Order Section of Harare Central police station on Monday morning in
the company of their lawyer, Innocent Chagonda.
They spent the night in custody before they were taken to court on
Tuesday afternoon and granted a US$200 bail each, and ordered to report
every Friday at the Law and Order office.
The duo was jointly charged with Zimind Publishers represented by
finance director Michael Curling. The company was granted free bail.
Chagonda notified the court that he would on May 28 apply for refusal
of further remand saying allegations against his clients were malicious.
After the court hearing, Chagonda told journalists: "We are very happy
that they have been released because my clients believe this is just
political harassment."
Kahiya and Chimakure surrendered to the police after three police
officers visited their offices last Saturday and Monday looking for them. -
Staff Writer.
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