Information minister loses gagging case

Jonathan Moyo, Zimbabwe's Minister of State in the President's Office responsible for Information and Publicity, has lost a court bid to prevent the 'Zimbabwe Independent' from publishing details of allegations of fraud at the Ford Foundation in Kenya, the 'Daily News' reported on Wednesday. Moyo was seeking a court order to prevent the weekly newspaper from reporting details of the proceedings against him in the Kenyan High Court.

High Court judge Justice Moses Chinhengo on Tuesday dismissed the case with costs, the newspaper reported. It quoted Chinhengo as saying: "Jonathan Moyo's application must be dismissed with costs because on the basis of the law he has failed to establish a clear right. I am satisfied that the interpretation of the summons by The Zimbabwe Independent is correct. I, therefore, refuse to grant Moyo the final interdict."

Moyo's lawyer, Advocate Anele Matika, told the court that the summons to Moyo filed in the Kenyan High Court did not mention allegations of fraud against his client. Matika said the matter was sub judice because it was before a court of law.

However, Chinhengo ruled that allegations of fraud against Moyo were clearly stated in the summons. "In substance, the summons allege fraud and misappropriation of money against Moyo. I am quite satisfied on proper reading of the summons. The Zimbabwe Independent was correct that Moyo was implicated in the misappropriation of funds. But the allegations are subject to the proceedings in the Kenyan High Court," the judge was quoted as saying.

He added that the proper remedy for Moyo was to sue for damages as he had already done. "Moyo cannot reasonably contend that he has no remedy because he has instituted defamation charges," Chinhengo said. "The Zimbabwe Independent have shown that they can set up a defence in the defamation case."

The judge said further: "He (Moyo) seeks the court to interdict articles he has not seen, that are not written and not before this court. Zimbabwe is a young democracy and nation and should guard the freedom of expression that was won through the struggle against colonialism."