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Rights of journalists when arrested
prepared by Tawanda Hondora for Media Institute of Southern Africa - Zimbabwe Chapter (MISA-Zimbabwe)
November 2002

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Journalists do not, and neither is it being suggested that they should, have special rights, after being arrested. But in common with the generality of the population, most journalists are not aware of their basic entitlements on being arrested. In this case ignorance of the law is not bliss, but places journalists in dire straits. It is easier to prey on the uninformed, as they are usually unassertive, and are susceptible to a myriad of unlawful inducements. Every journalist should therefore buy and retain a copy of the Criminal Law and Evidence Act.

This analysis relates in brief what it is that journalists should do, insist on, and what to look out for, when their liberty is constrained by the police or any other law enforcement body. There is a perception that the Central Intelligence Organisation and operatives, (commonly known as CIO's) can lawfully effect an arrest. The main reason why this is so arises from the fact that CIO's have in Zimbabwe's history generally tended to be a law unto themselves, widely effecting arrests, and at times torturing suspects.² This partly explains the fear and awe in which the public holds them. The CIO falls under the President's Office. It is in other words, the President's own intelligence-gathering agency. The CIO does not have powers of, and is not entitled to arrest any person in Zimbabwe.

• The Police
• Reasonable Suspicion
• 48 Hour Moratorium
• Rights
  • Right to be Presumed Innocent Until Proven Guilty
  • Right to be Informed of Details of Offence Charged With
  • Right to be Given Adequate Time and Facilities to Prepare Defence
  • Right to a Lawyer
  • Right to Cross-examine
  • Right to an Interpreter
  • Right to a Fair trial before an Independent and Impartial Tribunal
  • Right to Humane Treatment

Conclusion
It is important therefore that all practising journalists must acquaint themselves with Chapter three of the Constitution, which contains the bill of rights, as well as the Criminal Procedure and Evidence Act, in addition to all the other media laws adversely affect their practice and livelihood.

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