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The case of the State vs The Voice of the People
Zimbabwe Lawyers for Human Rights (ZLHR)
September 25, 2006

On 25 September 2006, at the Harare Magistrates Court, the trial of Voice of the People (VOP) trustees and employees, namely David Masunda, Arnold Tsunga,Lawrence Chibwe, Nhlanhla Ngwenya, Millicent Phiri, Isabella Matambanadzo, Maria Nyanyiwa Matarutse, Kundai Mugwanda and Nyasha failed to take off as the state sought a postponement of the case for the third time.

The trustees are being charged under the Broadcasting Services Act (2001), for allegedly contravening section 7(1) specifically paragraph (4) and (5). The instruments bar any person from providing broadcasting signals without a license from the Broadcasting Authority of Zimbabwe (BAZ).

Provincial Magistrate, Mr. William Bhila dismissed an application by the state for the postponement of the Voice of the People (VOP) trial. The state had sought to postpone the matter to the 8th and the 9 th of November 2006, citing that there was need to study the state’s evidence and to consider withdrawing charges against most of the accused if not all. The state further argued that it was contemplating on prosecuting the VOP as a corporate entity separate from its trustees. The defense counsel, Ms. Beatrice Mtetwa successfully opposed the application, arguing that this was the third time in which the state sought such postponement of the matter. The magistrate was in agreement with the defense counsel and he refused to place the trustees of the VOP on further remand. The application for postponement was therefore dismissed. In dismissing the application for postponement of the matter and refusing to place the VOP trustees on further remand, the magistrate commented that, "I agree entirely with the defense counsel. This matter has become a circus."

The implication of Magistrate Bhila`s ruling in the short term is that, the VOP trustees are no longer facing prosecution. The state has to put its house in order if it can institute fresh proceedings in this matter and will have to proceed by way of summons.

ZLHR has always argued that the arrests, detention and trial of the VOP trustees was arbitrary, unjustified and vacuous at law. The state’s actions in this case should be condemned in the strongest sense. The continued harassment of human rights defenders continues to be a cause of concern in Zimbabwe. The brutal erosion of the freedom of expression in Zimbabwe has reached alarming levels. ZLHR reminds the government of Zimbabwe of the resolution of the 32 nd session of the African Commission on Human and Peoples’ Rights (ACHPR) on the adoption of the declaration of the principles of freedom of expression in Africa particularly the need for states to uphold commitment to the principle of universal freedom of expression through all forms of communication as well as protection from actions inhibiting this right. The Resolution calls for a commitment to diversity through the expression of a wide range of opinions in mass media, access to the media by vulnerable or marginalized groups, the promotion of African voices and culture in the media, and the dissemination of local languages in the media. In addition, it calls for independent mass media outlets recognizing that complete state control over the media is not consistent with the ideals of freedom of expression.

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