MISA-Zimbabwe Monthly Alerts Digest January 2010

In this issue: Media freedom violations and prospects for reforms in 2010: by Sandrah Mtetwa, Rawlings Magede, Fadzai Gambe and Charles Saki.

 

 

The year 2009 saw a marked decrease in the number of media violations cases pertaining to the arrests and harassments of journalists. This somewhat positive development can be attributed to the signing of the Global Political Agreement (GPA) by Zimbabwe’s three major political parties that constitute the inclusive government. Article 19 of the GPA recognises the importance of the right to freedom of expression and the role of the media in a multi-party democracy.

 

However, there has been no meaningful progress towards the realisation of the envisaged media reforms since the signing of the GPA on 15 September 2008.

 

Repressive media laws such as the Access to Information and Protection of Privacy Act (AIPPA), Broadcasting Services Act (BSA), Interception of Communications Act (ICA), Public Order and Security Act (POSA) and Criminal Law (Codification and Reform) Act, among others, remain firmly entrenched in the statute books.

 

AIPPA, POSA, BSA and Criminal Law (Codification and Reform) Act should be repealed to pave way for media friendly laws that do not infringe on the right to free expression. For instance, the Criminal Law (Codification Reform) Act which has of late been the state’s weapon of choice in suppressing media freedom and freedom of expression. Journalists and Zimbabwean citizens at large risk up to 20 years imprisonment if convicted for publishing false information deemed prejudicial to the state.

 

Davison Maruziva, editor of the privately owned Standard weekly is being charged under section 30 of the Criminal Law (Codification and Reform) Act after publishing an opinion piece written by now Deputy Prime-Minister Professor Arthur Mutambara. Professor Mutambara wrote the article in question in his capacity as leader of the Movement for Democratic Change (MDC-M). Maruziva’s stable mate-colleagues Vincent Kahiya and Constantine Chimakure editors with the Zimbabwe Independent are also being charged under Section 31 of the same Act.

 

While the reduction in the number of cases involving the arrests, harassment and detention of journalists raised hoped for the emergence of a free media environment, these hopes were soon to be dented with the advent of the new year. This came in the wake of the arrest of freelance photojournalist Andrison Manyere on 18 January 2010 in Harare while covering a march by members of the Women of Zimbabwe Arise pressure groups. He was later released on the same day without being charged. Three days later, another senior freelance journalist Stanley Kwenda fled the country after allegedly receiving a death threat from a senior policeman on his mobile phone.

 

Meanwhile, the statutory Zimbabwe Media Commission (ZMC) expected to be constituted in terms of Constitutional No 19 Amendment Act was still to be established by end the end of January 2010. An unexplained delay in the constitution of the nine-member ZMC demonstrates the inclusive government’s lack of commitment to fulfil its pledges in terms of the GPA (visit www.misazim.co.zw: MISA-Zimbabwe statement on Zimbabwe Media Commission appointments).

 

While the members of the new Commission are still to be sworn in, the chances for an immediate reformed media environment appear to be very dim. Even more worrying is the fact that as things stand now, the Commission will be operating under the very same repressive legal instruments that have hindered the proliferation of alternative sources of information. Four privately owned newspapers, The Daily News, Daily News on Sunday, The Tribune and Weekly Times were banned by the predecessor Media and Information Commission in terms of the draconian AIPPA.

 

The ZMC has already become the subject of debate before it has even been established amid reports that a Harare-based publisher Roger Stringer is challenging the nomination process that led to the final appointment of its nine commissioners.  Stringer has reportedly written to the Speaker of Parliament Honourable Lovemore Moyo asking him to explain the verification process that led to the short-listing of nominees subject to the final appointments to serve on (ZMC).

 

As if this were not enough, the constitution making process failed to take off full steam due to endless bickering over issues pertaining to its management, funding and composition of its outreach teams. The constitution making process is critical in pushing for a constitutional provision that explicitly guarantees media freedom and the citizens’ right to access to information thus underpinning the envisaged media reforms.

 

These events including the continued existence of the aforementioned repressive media laws and the stalled constitution making process makes a strong case for a constitutional provision that explicitly guarantees media freedom. Such a provision will go a long way towards curbing the continued existence of the offending media laws as well as entrenching media self-regulation as epitomised through the establishment of the Voluntary Media Council of Zimbabwe.

 

 

The four writers are media students with the Midlands State University and Christian College of Central Africa (CCOSA) on internship with MISA-Zimbabwe.

 

 

 

2.       Media Violations Statistics January 2010

 

Victim/Concerned Party	Violation/event/issue	Date	Status of the matter
Freelance journalist Stanley Kwenda	Senior freelance journalist Stanley Kwenda reportedly fled the country after he was allegedly phoned and threatened with death by a senior police officer.	15 January 2010	Kwenda is reportedly holed in South Africa
Freelance photojournalist Andrison  Manyere	Freelance photojournalist Andrison Manyere was on 18 January 2010 arrested in Harare while covering a march by members of the Women and Men of Zimbabwe Arise pressure groups.	18 January 2010	He was released on the same day released without being charged.

 

 

For any  questions, queries or  comments, please contact:

 

Nyasha Nyakunu

Senior Programmes Officer

MISA-Zimbabwe

84 McChlery Drive

Eastlea

Harare

Zimbabwe

Telefax: +263 4 776165/746838

Mobile : +263 11 602 448/ 11 639 682

Email: misa@misazim.co.zw

Website: www.misazim.co.zw

 

 

- February 10, 2010 by by Sandrah Mtetwa, Rawlings Magede, Fadzai Gambe and Charles Saki

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Source: www.misa.org (received via email alert on 10.02.10)