Raided news agency writes to High Court

Daniel Nemukuyu Senior Court Reporter
Source-Net Pvt Ltd — a Reuters affiliated business news agency, whose newsroom was raided by Econet last week — yesterday wrote a letter to the Registrar of the High Court seeking to know the outcome of an application they made to have the dispute referred to the Constitutional Court.

The application for referral of the case from the High Court to the Constitutional Court, was heard by Justice Joseph Musakwa on March 20 in his chambers, but the media firm feels the judgment has taken long to be delivered.

In a letter by Source-Net’s lawyer Mr Chris Mhike of Artherstone and Cook, the media firm told the Registrar of the High Court Mr Sithembinkosi Msipa, that it was now anxious to know the outcome considering that the case was heard as an urgent chamber application.

“Our clients are anxious for the delivery of the judgment, as seven (7) working days (or eleven inclusive of weekends) have lapsed with no word from the High Court.

“When can we expect to receive judgment in HC2443/15?” reads part of the letter dated March 31 2015.

Mr Mhike also wants the High Court to direct the Sheriff to furnish Source-Net with an itemised inventory of all electronic documents seized from the raided offices on March 26.

“You will notice from the inventory section of the said notice (of seizure and attachment), that the Sheriff did not specify exactly what it is that they removed from the newsroom of our clients and what in fact is contained on the flash stick that is presently in his possession.

“Mtetwa and Nyambirai (Econet’s lawyers) have indicated to us that they have their own itemised inventory, but we are yet to be favoured with the Mtetwa and Nyambirai’s version of the inventory,” said Mr Mhike.

The unavailability of the inventory, according to Mr Mhike, was making it difficult for the Source-Net to finalise its opposing papers in some case pending before the same court.

Econet Wireless last week raided the newsroom in a bid to retrieve documents used to write stories on the operations of its subsidiary, Steward Bank.

Econet’s action drew outrage from Government and media representatives who wondered how an organisation also involved in the business of disseminating information through its mobile phone business, would act in that way.

Acting on a provisional High Court order granted by Justice Musakwa , Econet officials and lawyers, the Deputy Sheriff and security agents invaded The Source’s premises in central Harare and ransacked the online publication’s computers, extracting information from emails.

Government said the incursion was a threat to media freedom and freedom of expression as guaranteed under Section 61(1) and (2) of the Constitution.

Information, Media and Broadcasting Services Minister Professor Jonathan Moyo, condemned the raid, saying the constitutionality of the provisional order was liable to challenge.

Justice Musakwa ordered The Source, an affiliate of the Thomson Reuters Foundation, to “delete and expunge” two articles the online publication recently published about Econet and its banking unit, Steward Bank.

One of the articles titled “Debt-distressed Zimbabwe moves to reschedule domestic debt” claimed that Government had borrowed $30 million from Econet, disbursed through Steward Bank, in a deal brokered by former Econet chairman Mr Tawanda Nyambirai.

The article claimed that Mr Nyambirai pocketed a substantial facilitation fee for brokering the deal, for which the Reserve Bank of Zimbabwe allegedly acted as the guarantor.

The other contentious story titled “Steward Bank seeks to settle $2,1 million in Chiyangwa loan” alleged that Steward Bank was considering swapping residential stands worth $2,1 million to recover funds borrowed by a property firm owned by businessman Mr Philip Chiyangwa.

The article quoted confidential documents, which showed that Pinnacle Property Holdings owed $2 170 763,78, despite surrendering collateral worth $720 000.

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