The raid on The Source has managed to kick up a bit of a storm. That’s what happens in any case where issues of press freedom are brought into question.
While the issue is far from over, Steward Bank, the institution at the centre of it all, has refused to apologize for its actions and what took place yesterday.
Despite the collapse of a press conference earlier today, Steward Bank has sent out a press statement to local media, detailing its side of the story. It was crafted by Mtetwa & Nyambirai Legal Practitioners, a legal firm whose named partner is Tawanda Naymbirai, the founder and former CEO of Steward Bank, who was mobbed by angry journalists today at the press conference. (You can watch the video here)
You can read the full statement below and make your own assessment of this whole issue. What are your thoughts on this? Are Econet and Steward Bank trampling on press freedom?
PRESS RELEASE FROM STEWARD BANK REGARDING THE RAID ON THE SOURCE
During the course of last year, private and confidential information relating to Steward Bank Limited and its clients and to the very confidential processes that the bank undertakes in evaluating client proposals was stolen. Some of the information landed in the hands of very responsible journalists who gave us a right of reply and, after considering our response, concluded that the information was of a private and confidential nature and that its publication was not in the public interest and would constitute an unwarranted and malicious invasion of the right to privacy of not only the Bank, but also of the bank’s clients.
The banker client relationship is a relationship uberrimae fidei, or in the utmost of good faith. When a client visits his bank to transact, no matter who they are, whether loved by the public, or vilified, they must do so with the knowledge that the information they share with the bank is safe and protected from unwarranted public disclosure without their consent.
Even regulatory authorities hold such a right to be sacred and inviolable to the extent that any disclosure legislation such as the Money Laundering legislation, the Criminal Law (Codification Reform) Act and the Criminal Procedure and Evidence Act provide very clear safeguards where disclosure is necessary for purposes of investigating crime. Failure to protect this important right can undermine the very foundations of our banking system and can condemn us to the dark ages where people shun banks and keep their money hidden under their beds, or resort to informal business transactions.
Some of the stolen confidential information was published by the Source without even giving Steward Bank the right of reply. Because the Econet Wireless group respects journalists and holds freedom of expression to be paramount, Mr Douglas Mboweni and his team communicated with the Editor of the Source and made a kind request for the withdrawal of the stolen information that was published without affording Steward Bank the right of reply. The request was ignored. It was only then that an application was made to the Courts. Our client did not seek to take the law into its own hands. It went to Court. The search and seizure that has taken place is a Court sanctioned search and censure conducted in the presence of officers of the Court.
True, the Constitution of Zimbabwe grants freedom of expression and of the media. But that freedom is not absolute. It is not a license to theft and unwarranted invasion of privacy. In fact, the same Section that grants freedom of expression and of the media, Section 61 of the Constitution of Zimbabwe, specifically provides under subsection 5, that:
“(5) Freedom of expression and freedom of the media exclude-
“(c) Malicious injury to a person’s reputation or dignity or
(d) Malicious or unwarranted breach of a person’s right to privacy.”
The right to privacy is itself protected under Section 57 of the Constitution of Zimbabwe from encroachment not only by the State, but also by other private citizens. In the new Constitutional dispensation, we have very clear access to information legal procedures set out in the Constitution. Journalists no longer have to rely on theft of information or the unwarranted violation of other citizens’ rights in order to access information needed in the public interest or to protect, or enforce rights. The hallmark of good journalism has ceased to be the ability to access underground unethical or criminal networks for provision of information. The Constitution has justiciable access to information provisions that can prove to be very handy tools to a modern and progressive journalist who has respect for the rights of others and of the law.
What happened here must be condemned by all progressive Zimbabweans. It was not only the commission of theft of information belonging to a bank. It was an attack on the very foundation on which the banker client relationship is legally anchored. It was also a violation of Section 163 (1) of the Criminal Law (Codification Reform) Act which makes it a crime to copy or transfer any data held in a computer without the consent of the owner. It was a violation of the rights to privacy protected by Section 57 of the Constitution of Zimbabwe. It was a violation of the protection against malicious and unwarranted invasion of a person’s privacy protected by Section 61 of the Constitution of Zimbabwe.
We know who the thieves are. We know them that have received these proceeds of crime and used them, and seek to use them to effect an unwarranted invasion of the privacy of other citizens. We are on their trail. We shall make them accountable for their unlawful actions through lawful means.
Dated at Harare, this 27th Day of March 2015
For and on behalf of Steward Bank Limited
Mtetwa & Nyambirai Legal Practitioners
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22 comments
The issue here is the way the search was done yesterday. The video clearly shows the deputy sheriff as a bystander while Econet over enthusiastic employees ransack the office. Econet having deep pockets of $$ doesn’t put them above the law. This doesn’t look too good for their image
The problem is claiming that A does this and that because ane cash. Really? In this age? Personally I hate that mentality.
I seriously hope you are not one of those fools who believe we are all equal before the law. Would you have been able to raid the Source with the paltry resources that you have? It explains why the HMetro defames people and gets away with it.
But what else could buy them the “Untouchable” pass. It’s obviously money, the money they loaned the gvt, the taxes they pay, the operating licenses….e.t.c
lets not lose the plot guys,the issue here is, the documents Steward Bank are after are very sensitive,it is not about money its about Steward Banks and its clients confindetialty and their rights
I don’t blame Econet, they had every right to seize back the stolen information, what type of journalism is it that you publish stolen private information, our journalists need to be more responsible, actually they should be sued.
Yes. That smal media house will shut up when sued, and maybe go broke. They should simply mend the relationship quietly and continue with their lives. In fact the source should apologies that they didn’t know this was in violation on the freedom of expression, and that the information was stolen and move on. Nyika yakawona iyi. Vakawonererwa ne mob psychology inofa kwavo. Isu takambovharirwa Daily News tine experience nazvo. Mhuri dzinofa nenzara.
Waiting for those comments about Econet being whatever. Stolen documents. What if the The Source stole the documents from Econet?
I shall not comment for fear this site might be raided and my lines barred.
Hmmm….. Hogwash!!!!! I salute you,Kumbirai Mafunda Foster Dongozi Columbus Sebastian Chikuni Mavhunga Sekuru Puro and everone else who stood up to Econet’s bullying.
Booo! Ikoneti sucks! Same guys who sold sim cards for a ransom back in the day. Always sucked and will always suck
You steal my personal documents from my home, you publish them. I seek court redress & win. You call me a bully. We must all say no to theft. Journalists are the bullies here, using the pen as a weapon of mass. I have destruction. I have always been against journalists who hide behind “an source”, Herald is fond of that, no wonder they never published this news item (that is very instructive), they live in that very glass house that “The Source” was sleeping in. Don’t steal info to publish, hoping that the end justifies the means. That this was done by a blue chip company does not in any way mean bullying. What if this was done by a small time lawyer instead of Steward Bank or Econet. Even investigative journalism should never resort to criminality to prove their cases. I hope this will bring to a STOP the theft of private information such as text messages, personal videos & photos for publishing. In America if you ever use an image (even if downloaded from the internet) illegally you will be sued, such that many images have disclaimers against their improper use.
Fully agree with my brother zvime majerasi
Surprising thing seems to show that MANY journalists are not aware of the full laws governing freedom of expression. Like you rightly say, if someone steals your documents and publishes them, I go to court and win – someone cries foul – shows that many now believe the abnormal to be normal.
whatever reasons these guys may put forward(much of the reasons being justifiable and reasonable rather story behind being justifiable to a significant extend) these econet and nyambirai guys went too far- how they conducted the search and all truely reflects the nature of their intends- im sure if a search was to conducted the complaints we not supposed to conduct it themselves. its just power which they posses that has given them the impression they have become big sharks and untouchables. h-metro preys on such kind of publications destroying people’s lives, i wonder if the high court can grant the affected such a privilege in order to redeem their dignity, integrity in other words their lives back.
Just watched the press conference videos. The journalists were total idiots.
Let me explain: imagine Nyambirai had been given the platform to present the info above straight to the journalist, live. That would have given them the opportunity to expose any lies or loopholes (if any) and help clarify the whole issue. Perhaps a common man like me would have a much more tangible understanding of what constitutes freedom of expression, gagging, harrasment etc etc.
Now all I have at this juncture is a clearly laid out statement from Steward Bank which sounds reasonable, which I am inclined to believe, simply because the monitors on the other side only chose to yell: “Apologize first, then we listen to you! Apologize!” And despite my bias against corporates in generally, I’m taking what the media says from then on with a pinch of salt.
Impressions matter. The journalists bombed on that one!
“Receiving stolen goods” is a crime. We all know that if you are caught with stolen goods, hokoyo! So now the journalists are using their “power” – “We won’t listen to you or hear what you have to say unless you do what we want”? Honestly guys, imagine someone steals naked pictures of your wife or your daughter and publishes them. You ask them to withdraw and they refuse. You go to court and are given the go ahead to collect the pictures. You will go and be polite about getting them back? Let’s be serious.
I have never seen such level of intellectual paralysis displayed by a group of thugs who call themselves journalists. Even junior secondary school kids would not behave like that. Ability to listen and present one’s case logically earns respect.
What do you expect from these brainless journalists. Is law not included in their curriculum?
I for one applaud any journalist or new agency who seeks out and makes public any dodgy deals between some big corp and the government – the government is mine! as a citizen, if it borrows 30 million from a powerful company, i have the absolute right to know about it in full details. I already mis-trust the banks – they have a position in my society that they can earn – not purchase. And so if they are doing things that are dodgy land deals – I demand to know! I never even knew about the source before I saw these articles. I will now follow them avidly.
Did the Bank go to the Police to report the Theft of information and Police investigated the matter ???????
The Source guys should have surrendered the docs to the high court when they lost the case. If my banker gets my detail stolen and published, they will be in more trouble than that from angry journalists and their egos, so Kudos to Steward ne Econet. Did the Source guys even attend the court hearing??? if not, they are dimwits and deserve no iota of sympathy