State claims it will engage Twitter to get evidence on Fadzayi Mahere case

By Nyashadzashe Ndoro | Nehanda Courts |

The State has applied for the postponement of a case in which MDC Alliance spokesperson Fadzayi Mahere is accused of publishing falsehoods to allow time for it to engage Twitter for “extra-territorial investigations”.

Mahere was arrested in January this year for allegedly communicating falsehoods in a case in which a junior police officer enforcing government lockdown measures was erroneously linked to the false death of an infant. She is out of custody on bail.

MDC Alliance vice chairman Job Sikhala and award winning journalist Hopewell Chin’ono were also arrested over the same matter.

The three were charged under Section 31 of the Criminal Law (Codification and Reform) Act which deals with “publishing or communicating false statements prejudicial to the State”, a law that the High Court said was outlawed in 2014.

Mahere tweeted on Friday that her case had been postponed to February next year to allow the state to do extra-territorial investigations which involved engaging the social media platform, Twitter where the crime was allegedly committed.

“The court has granted the State more time to make extra-territorial investigations into whether I posted a tweet that I admit that I tweeted.

“They’re being given an opportunity to investigate almost a year after the arrest. The State wants to engage @Twitter & obtain metadata.

“Matter postponed to February 2022,” she said.

In Chin’ono’s case, Justice Jesta Charehwa ruled that the purported law was struck down by the Constitutional Court as far back as 2014.

Sikhala last week applied for referral of his matter into the Constitutional Court for it to determine whether his rights were not being infringed when being charged with an offence that has been outlawed by the High Court. Nehanda Radio