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Supreme
Court rules in favour of Freedom of Expression
Media Institute
of Southern Africa - Zimbabwe Chapter (MISA-Zimbabwe)
May 07, 2003
The Zimbabwe
Supreme court has passed a landmark judgement against the Access
to Information and Protection of Privacy Act (AIPPA) by declaring
Section 80 unconstitutional. The full bench of the Supreme Court
ruled in favor of Daily News reporter Lloyd Mudiwa and former Editor
in Chief of the same paper, Geoff Nyarota.
The two journalists
were arrested on 23 April 2002 after publishing a story that an
opposition party supporter had been beheaded by ruling party supporters.
The story was later proven to be wrong and the paper retracted the
story and apologized. However the two were arrested and charged
under AIPPA for allegedly publishing falsehoods.
The applicants
(Mudiwa and Nyarota) then approached the Supreme Court challenging
the constitutionality of the mentioned section.
The section
under scrutiny created what become known as the "false news
offence". The applicants contended that the false news offence
section constituted a breach of the freedom of expression and protection
of the law as provided in Section 18 and 20 of the Constitution.
The respondent
(state) did not oppose the challenge by Mudiwa and Nyarota nor file
any arguments when called upon by the Registrar of the Supreme Court
to do so. On the day the matter was set down to be heard, the state
filed a notice that it was not opposed to what the defence lawyers
were saying, that the section is unconstitutional. The state stated
that it was not opposing the application by Mudiwa and Nyarota because
section 80 is already been amended so that it would "avoid
any apparent conflict with the constitutional freedom of expression.
The full bench
of the Supreme Court, headed by the Chief Justice Godfrey Chidyausiku
then made the following order:
- Section 80(1)(b)
as read with section 80(2) of the Access to Information and Protection
of Privacy Act Chapter 10:027 is hereby declared to be ultra
vires Section 20 of the Constitution and is struck down as
being of no force and effect.
- Respondent
bears the costs of the application.
MISA-Zimbabwe
hails the ruling as a victory for freedom of expression and rights
of journalists.
Visit the MISA Zimbabwe
fact sheet
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