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Court halts expulsion of Guardian journalist from Zimbabwe
From The Guardian (UK)
July 18, 2002

The Guardian's correspondent in Zimbabwe, Andrew Meldrum, struck a significant blow for press freedom yesterday when he unexpectedly won a courtroom victory postponing his expulsion from the country. The high court in Harare rejected a move by the home affairs minister, John Nkomo, to deport Meldrum. Instead the judge, Justice Anele Matika, asked the supreme court to rule on whether Mr Nkomo's action was constitutional. Meldrum's lawyer, Beatrice Mtetwa, predicted a supreme court ruling would not be given until next year. Meldrum is, theoretically, free to remain in Zimbabwe until then. Foreign and Zimbabwean journalists supporting Meldrum celebrated outside the courthouse. Meldrum said: "We are exhausted. It has been a real rollercoaster." He planned a quiet celebration at his Harare home. He said: "This is not just for me but for thousands of other permanent residents, in that the court said our rights cannot be taken away by a stroke of the pen." A Foreign Office spokesman said: "We very much welcome this. We think it is encouraging that at least some of the judiciary have the courage to take such a decision."

Ms Mtetwa had argued that it would be unconstitutional to deport Meldrum, a US citizen who has permanent residence status in Zimbabwe and has lived there for 22 years. Justice Matika agreed Meldrum had a case: "I am satisfied that the raising of the constitutional rights of the applicant is not frivolous and I, therefore, refer it to the supreme court." Meldrum was acquitted by a magistrates court on Monday after being charged under a draconian new press law for reporting a story that turned out to be false. In spite of the acquittal, Mr Nkomo immediately served a deportation order on Meldrum. In court yesterday, lawyers for Mr Nkomo's department struggled to provide grounds for the deportation. They eventually claimed Meldrum represented a threat to public order but could not disclose the reason because it would breach national security. Mr Nkomo also insisted: "The applicant is deemed to be an undesirable inhabitant because, among other reasons, he was publishing stories outside the country which were intended to tarnish the image of the country."

Meldrum went to court expecting to be on a flight out of Zimbabwe last night. But he said: "I made a point of not packing my bags. If they threw me out, I was not going to be a willing participant." Police and immigration officers packed the court. Meldrum remains at risk. Supporters of President Robert Mugabe have raided the homes of journalists declared persona non grata by the government. Ms Mtetwa warned: "His residency remains intact. That does not mean they will not come in the night and ignore the court order." Meldrum said: "I hope the government takes the court decision in a positive light and leaves it at that, and does not do something stubborn and wilful." Meldrum's chances of a favourable ruling from the eight-member supreme court appear to be slim. Mr Mugabe has packed the court with sympathetic judges and only one is left with a reputation for independence. Meldrum said: "It is a reprieve, not a complete victory. But it gives me breathing space." The shadow foreign secretary, Michael Ancram, slipped into Zimbabwe yesterday to hold talks with the country's opposition leader, Morgan Tsvangirai. Mr Ancram said: "It has proved a horrific eye-opener to see what is happening on the ground in Zimbabwe. Zimbabwe is a society in fear of intimidation by a government which no longer governs by rule of law but increasingly by force."

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