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By Lindie Whiz

A ZIMBABWEAN journalist charged with "writing falsehoods" has been freed by a Harare court after it emerged he was being charged under a nonexistent section of the Access to Information and Protection of Privacy Act (AIPPA).

Gift Phiri, 30, a reporter with The Zimbabwean newspaper which publishes from England, was being charged for contravening section 80(1)(b).

But in a dramatic development on Wednesday, magistrate Gloria Takundwa said the charge was withdrawn and that he should be removed from remand.

Takundwa said prosecutors had charged the journalist under a law that had been repealed. Controversy over the law’s constitutionality led to amendments in June 2003.

Calls for the repeal of Section 80, which prohibited "publishing falsehoods" led to the passage of an amendment that reads: "Any published statement, which is intentionally, unreasonably, recklessly, maliciously or fraudulently false and either (1) Threatens the interest of defence, public safety, public order, the economic interests of the state, public morality or public heath or, (2) Is injurious to the reputation, rights and freedoms of other persons will be punished."

The magistrate said: "Remand is therefore refused on the basis that the State has charged the accused person with a repealed law. Accused was supposed to have been charged wit section 80 of AIPPA's amendment."

It was the state case that between November 16 and 22 last year, Phiri wrote a false story that was published in The Zimbabwean headlined "Go now - Generals tell Mugabe as Zanu PF loses support".

Prosecutors said Phiri claimed in the report that police commissioner Augustine Chihuri, General Constantine Chiwenga, Genral Phillip Valerio Sibanda, Air Mashal Perence Shiri, and CIO boss Happyton Bonyongwe had told Mugabe that they "wanted to preserve his legacy and they were amenable to the idea of any serving or retired army generals coming in as his successor."

The second count was claimed to have been committed in December in a story entitled "ZRP denies torture charge". In the story, police were accused of torturing ZCTU leader Wellington Chibebe and other ZCTU activists and MDC members who had been arrested during a demonstration.

He was charged for writing false information without seeking official comment from the force.

Phiri is still facing another charge under the same Act and is due for trial next month.
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