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AMH editors challenge prosecution

29 Aug, 2025

What happened

Alpha Media Holdings (AMH) editors, Kholwani Nyathi and Faith Zaba, have challenged their prosecution on charges of allegedly undermining the authority of or insulting the President, arguing the State has no authority to proceed without a certificate from the Attorney-General (AG).

Nyathi is the editor-in-chief of AMH, and Zaba is the editor of the weekly Zimbabwe Independent.

According to the Zimbabwe Independent edition of 29 August – 4 September 2025, the two, represented by Zimbabwe Lawyers for Human Rights lawyer Nontokozo Dube-Tachiona, appeared before Harare magistrate Kudzai Mtombeni on 28 August 2025.

The lawyer asked the court to order the State to produce the required certificate or to withdraw the charges against Zaba and AMH in accordance with the law and Section 34 of the Criminal Law (Codification and Reform) Act.

Dube-Tachiona reportedly argued that the prosecution lacked a legal basis without the Attorney-General’s authority, asserting that the ongoing prosecution was illegal.

“Section 34 of the Code is clear. The National Prosecuting Authority (NPA) can only initiate prosecutions of persons accused of Chapter III crimes with the authority of the AG,” Dube-Tachiona reportedly stated.

“In the absence of that authority, which clearly the NPA doesn’t have, the accused persons must be unconditionally released.”

The State, led by Lawrence Gangarahwe, requested the court for more time to respond to the defence application. 

Magistrate Mtombeni postponed the matter to 8 September 2025 for determination.

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About MISA

The Media Institute of Southern Africa (MISA) was founded in 1992. Its work focuses on promoting, and advocating for, the unhindered enjoyment of freedom of expression, access to information and a free, independent, diverse and pluralistic media.

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Those affected:
Alpha Media Holdings (AMH)
Number affected:
Perpetrators:
Zimbabwe Republic Police
Types of actors:
State, Quasi-state
Location:
Harare