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Paper
operating illegally: Information Minister
Media Institute
of Southern Africa - Zimbabwe Chapter (MISA-Zimbabwe)
January 30, 2003
Zimbabwe’s Minister
of Information and Publicity Professor Jonathan Moyo has said that
The Daily News and all its journalists are operating illegally because
the Media and Information Commission did not register them.
Moyo's statements
are contained in his founding affidavit to the Supreme Court defending
the "legality" of the Access to Information and Protection
of Privacy Act (AIPPA). Moyo, the Media and Information Commission
and The Attorney General are respondents in a Supreme Court challenge
brought by the publishers of the Daily News, the Associated Newspapers
Group (ANZ). The ANZ is challenging the constitutionality of the
registration of media houses clause in the AIPPA.
In his affidavit
Moyo says that the Daily News has deliberately flouted a "properly"
constituted Zimbabwe law and is therefore operating illegally.
"The
applicant has taken the choice not to apply for registration and
the applicants journalists have not applied for accreditation.
Applicant is therefore, by choice operating a media business in
contravention of the Act," says Moyo.
Moyo went on
to say that the ANZ is being disrespectful of the judiciary and
the parliament.
"In other
words the applicant has taken the place of parliament and this
honourable court, adjudged the Act unconstitutional and proceeded
to ignore the same completely," says Moyo.
" I know
of no country where a citizen has the option to respect a law
if it suits such citizen or ignore the same with impunity if the
piece of legislation fails to meet the expectations of such citizen,"
added Moyo.
Moyo added that
freedom of expression does not belong to organisations like the
Daily News but to the ordinary people. He also said that the Zimbabwe
constitution does not explicitly protect press freedom hence The
Daily News cannot seek protection of freedom of expression as defined
under section 20
"I must
deny. The right protected by section 20 of the constitution is
vested in the citizen and not with institutions or businesses
of expression such as the applicant (Daily News)..," said
Moyo.
In his founding
affidavit, the Executive chairperson of ANZ, Sipepa Nkomo says that
The Daily News is entitled to protection of the law as regarding
property rights. He also says that the paper is entitled to freedom
of expression as guaranteed in section 20 of the Zimbabwe constitution.
"In pursuing
its objectives, the applicant believes that it is entitled to
enjoy the protection of the freedom of expression as set out in
Section 20 of the constitution of Zimbabwe and in particular unhindered
freedom to hold opinion and receive and impart ideas without interference,"
says Nkomo.
"…Like
every person in Zimbabwe (ANZ) is entitled to protection from
deprivation of its property as provided for in section 16 of the
Zimbabwe constitution," added Nkomo.
Information
in the hands of MISA-Zimbabwe however show that contrary to the
assertion by the Minister that journalists at the Daily News refused
to accredit, it is infact the Media and Information Commission that
refused to accredit them.
The Chairman
of the Commission, Dr Tafataona Mahoso wrote to The Daily News on
2 January indicating that no journalist from the paper would be
accredited. He said that the reason is that the paper itself has
refused to register. No date has been set for the hearing of the
matter. The Daily News employs 232 persons.
Recommended
Action
The Statements by the Minister of Information and the Chairperson
of the Media and Information Commission represent a serious threat
to press freedom. The statements show a determination by the government
to use repressive legislation to close down the independent media
in Zimbabwe.
MISA-Zimbabwe
notes that The Daily News and many other private media newspapers
play a very significant role in the day-to-day life of Zimbabwe.
The papers have kept the various sectors of society abreast with
developments in the country and offer that very much-needed alternative
source of information. The closure of the Daily News, which might
result from such threats, is a serious matter detrimental to the
overall democratisation process in Zimbabwe.
MISA-Zimbabwe
urges you all to write to the persons provided below expressing
your disapproval of the victimisation of the Daily News and the
independent media in general. In your statements note that there
was neither consensus nor consultation when AIPPA was passed. AIPPA
was passed by a simple vote. The argument by the Minister that "freedom
of expression" belong to the citizens hold no water as those
who work for and own the Daily News are citizens of Zimbabwe as
well. In any case the citizens need the infrastructure to exercise
their freedom of expression and The Daily News is one such institution.
We urge you to reject a partisan and self serving definition of
freedom of expression as defined by the Minister. We call upon you
to write to the Minister and his colleagues urging them to respect
the constitution of Zimbabwe and international conventions and acceptable
principles and norms that Zimbabwe is party to.
SEND YOUR
PROTEST TO:
- Minister
of Information and Publicity
Professor Jonathan Moyo
Office of The President
Munhumutapa Building
Box 777
Causeway, Harare, Zimbabwe
Phone +263-(0)4-706 894, 707091–7, 707098
- The Chairman
Dr Tafataona Mahoso
Media and Information Commission
P O Box CY 7700
Causeway, Harare, Zimbabwe
Tel +263-(0)4-703416
- The Attorney
General
Mr Andrew Chigovera
2nd Floor Corner House
Samora Machel Ave
Box CY 880
Causeway, Harare, Zimbabwe
Phone +263-(0)4-773247
For more
information, contact:
Rashweat Mukundu
Research and Information Officer, MISA-Zimbabwe
221 Fife Ave
Box HR 8113, Harare, Zimbabwe
Phone 263-(0)4-712841, 735441/2
Mobile 263-(0)11-602685
E Mail misa@mweb.co.zw
Visit
the MISA-Zimbabwe fact
sheet
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
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