Fadzayi Mahere likely not to contest following her conviction over tweet

A Harare magistrate has convicted opposition Citizens Coalition for Change (CCC) national spokesperson Fadzayi Mahere of publishing or communicating falsehoods after she posted a viral video in which she alleged that a police officer had killed a baby.

Although she was found guilty of communicating a falsehood prejudicial to the state and law enforcement she was found not guilty and acquitted on the main charge of publishing falsehoods.

The background to case is that Mahere was arrested in 2021 after she tweeted a viral video of a woman tussling with a police officer with a motionless baby in her hands.

In the tweet she had claimed that the police officer struck the mother with a baton stick while the baby was strapped on her back resulting in the minor’s death.

In convicting Mahere after a full trial, Magistrate Taurai Manwere said she had undermined the authority of the police through her tweet.

Manwere said it was not in dispute that the baby did not die and she failed to verify that fact before tweeting.

The court noted that Mahere materially lied when she tweeted that the baby was hit to death by police with a baton.

Worryingly for the charismatic opposition spokesperson who wants to contest for the Mt Pleasant constituency, law experts were saying the offence carries up to 20 years in jail.

In the end Mahere was fined US$500 after conviction. Failure to pay would result in her serving three months in jail.

According to the Electoral Act Amendment Bill, 2022 that was gazetted in November last year, legislators or councillors will be disqualified if they commit physical violence or dishonesty crimes and get convicted within a period of 12 months before the date of nomination as a candidate.

“This Act may be cited as the Electoral Amendment Act, 2022. Amendment of section 4 of Cap. 2:13 Section 4 (“Interpretation”)(1) of the principal Act is amended.

“By the insertion of the following definition- “disqualifying offence” in relation to the disqualification of a candidate for election to the National Assembly or a local council, means convicted means any of the following offences of which the candidate is convicted within the period of twelve months (“the relevant period”) before the date of nomination as a candidate.

“That is, being found guilty in Zimbabwe of an offence of which breach of trust, dishonesty or physical violence is an essential element, or outside Zimbabwe of conduct which, if committed in Zimbabwe, would be an offence of which breach of trust, dishonesty or physical violence is an essential element and being sentenced to imprisonment for six months or more without the option of a fine or without the option of any other non-custodial punishment,” the Act reads.

The provision further states that if a candidate has a criminal conviction, they will only be allowed to contest if their sentence has been reduced to less than six months pardoned or their conviction set aside.

“Unless within the relevant period the candidate has been pardoned for the offence; or on appeal the candidate’s conviction is set aside or the sentence of imprisonment is reduced to less than six months or a punishment other than imprisonment is substituted; by the repeal of the definition of “proof of identity” and the substitution of— proof of identity” means a valid Zimbabwe passport, or a notice or identity document issued in terms of section 7 of the National Registration Act [Chapter 10:17].”

With this offence carrying up to 20 years in jail, Mahere is likely not to succeed at the nomination court if she intends to contest for the Mt Pleasant seat.