HARARE magistrate Kudzai Mtombeni has dismissed an application by Alpha Media Holdings (AMH) editors, Faith Zaba and Kholwani Nyathi, who sought to halt their prosecution on charges of insulting or undermining the authority of the President, arguing that it required a certificate of authority from the Attorney-General (AG).
Through their lawyer, Zimbabwe Lawyers for Human Rights’ Nontokozo Dube-Tachiona, Zaba, who is the Zimbabwe Independent editor, and Nyathi, the editor-in-chief representing AMH, had requested the court to compel the state to produce the certificate or drop the charges, citing Section 34 of the Criminal Law (Codification and Reform) Act (Code).
Dube-Tachiona argued this week that without the certificate, the prosecution lacked a legal basis.
State lawyer Lawrence Gangarahwe opposed the application, insisting that the case was still at remand stage and could proceed without the certificate.
“It actually states no proceedings are instituted against the accused save for two offences, which were cited in that section and for the purpose of remand and we are still on remand,” Gangarahwe said. “If we all agree that we are still on remand, there is no need to produce that certificate of authority as per the argument brought forward.
“Surely, the section is clear that we can proceed without the certificate as the matter is on remand. Therefore, the application is based on misinterpretation of that section and is null and as good as not made.”
Dube-Tachiona countered stating that Section 34 requires the AG’s approval for most crimes under Chapter III of the Code — including allegations of insulting or undermining the President — except in limited instances such as cases involving dangerous weapons and camouflage attire.
“Section 34 states that no proceedings shall be instituted or continued against any person in respect of a crime in terms of the chapter, other than proceedings in respect of the crime of possession of a dangerous weapon or unlawfully possessing or wearing a camouflage uniform for the purposes of remand, without the authority of the Attorney-General (AG),” she said.
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“What that section simply says is that the only time that the National Prosecuting Authority (NPA) can proceed without the authority of the Attorney-General is when they are dealing with the remand of a person who is accused of possessing a dangerous weapon, or is unlawfully wearing a camouflage uniform, only.
“From my learned colleague’s submissions, it is clear that the NPA concedes that it has not been given authority to initiate proceedings on this matter.
“The interpretation is not a question of English, it is clear. So in the absence of that authority, the accused persons must be released unconditionally,” she added.
Dube-Tachiona argued that prosecuting journalists without proper legal authorisation violated constitutional protections for media freedom.
“The rest of crimes in Chapter III, which include insulting and undermining the authority of the President, causing disaffection among police forces or defence forces, publishing or communicating falsehoods, which is prejudicial to the state, etc,” she pointed out.
“The purpose of requiring that certificate and approval is so that the President is properly advised by the AG.
“The intention of the legislation is to make sure that the President is not embarrassed by the NPA as is happening in this case, where a media house or a journalist are being dragged before the court for carrying out their constitutional mandate.
“Surely, it is a question of interpretation of the law and the certificate is needed. This is a constitutional issue and I will implore the court to interpret it as such,” Dube-Tachiona said.
Ruling in favour of the state, Mtombeni held that the prosecution was lawfully proceeding without the certificate.
“The application is based on the Section 34 of the Criminal Law and Codification Act. It is apparent from the reading of the above (34) that there are only three instances wherein that chapter can proceed without the Attorney-General: possession of a dangerous weapon, unlawful possession or wearing of camouflage and remand purposes,” he said.
“This matter is on remand and the state has not yet provided a trial date for this matter as such the state is allowed to then have this matter on remand without the authority of the Attorney-General. Surely, the interpretation made to institute this application was wrongfully done and the application is, therefore, dismissed.”
Section 34 of the Code stipulates that the AG should authorise prosecutions under Chapter III, which covers various crimes against the state and public order, such as terrorism, sedition and undermining the authority of the President.
Mtombeni also dismissed an application to have Zaba’s reporting conditions relaxed to once a month, stating that the defence had not provided any reasons for the court to consider the request.
Zaba and Nyathi face charges arising from a satirical Independent’s Muckraker column titled When you become a mafia state, published in the June 27–July 3, 2025 edition.
The column criticised Zimbabwe’s leadership during its rotational chairmanship of Sadc, pointing out allegations of Zimbabwe’s involvement in electoral fraud in Mozambique, Botswana and Namibia.
It further claimed Zimbabwe had become a “mafia state” governed by a leadership “obsessed with clinging to power through political chicanery”.
The state alleges the article was “false in material particulars”, carried the intent to provoke hostility against President Emmerson Mnangagwa, and included an image of him alongside Mozambican President Daniel Chapo.
Zaba was arrested on July 1 and released on July 4 on US$200 bail after a three-day detention at the Harare Central Police Station cells and Chikurubi Women’s Prison. Her release was delayed by a power outage that prevented the magistrate from typing the bail ruling.
Bail conditions require her to surrender her passport, reside at her given address, avoid interfering with investigations and report weekly to the CID Law and Order division at Harare Central Police Station.
