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Associated Newspapers of Zimbabwe - government using the judicial process to frustrate the dispensation of justice
Media Monitoring Project Zimbabwe (MMPZ)
Extracted from Weekly Media Update 2003-43
Monday October 27th - Sunday November 2nd 2003

Since the Supreme Court refused to hear The Daily News' constitutional challenge to the Access to Information Act until it registers with the Act's Media and Information Commission, the paper's publishers, the Associated Newspapers of Zimbabwe, have suffered a number of legal setbacks in its efforts to obtain justice from the country's courts.

Although the Administrative Court has ruled that the Commission was improperly constituted and had been biased in refusing to register the paper, government's appeal against this ruling has effectively prevented ANZ from getting its paper back onto the streets. And the arrest of its journalists and directors, together with the occupation of its offices by the police, stand testimony to the determination of government to ensure that the gag on the paper remains.
Despite the obviously urgent need to resolve the legal hiatus over this fundamental constitutional right to free expression, there is precious little evidence that the administrators of justice consider the matter of any great importance.

MMPZ deplores the evident lack of commitment from the judicial authorities, not just for the sake of the hundreds of ANZ employees whose jobs are now in danger, but also because it deprives the Zimbabwean nation of an important alternative source of information and unreasonably deprives those providing this service from practicing it.

Indeed, it could be argued that government is using the judicial process to frustrate the dispensation of justice. This is supported by the fact that the Supreme Court has yet to hear, or rule on at least three other constitutional challenges to AIPPA, one of which has been outstanding for nearly a year. Such delays to the administration of justice, especially over such an important constitutional matter, are intolerable.

More recently, other legal proceedings suggest that the authorities are seeking to dismantle the ANZ's capacity to publish newspapers. On October 1st High Court judge, Justice Tendai Uchena, dismissed an ANZ application for the return of property irregularly seized by the police in their initial crackdown on the publishing company following the Supreme Court's original decision in September. He gave no reasons for his ruling and The Herald (2/10) merely quoted him as having said he would do so on "another day in the near future".
According to ANZ lawyer, Gugulethu Moyo, the company has, as of October 31, written four times to the Registrar of the High Court seeking details of the judgment without any response. Thus, in effect the paper is being denied its constitutional right to lodge an appeal against the ruling, which was made more than four weeks ago.

None of the media have followed up the matter and exposed this apparent subversion of the judicial process.

Equally, none of the media has revealed that the ANZ recently had six of its vehicles attached by the Sheriff following a default judgment against the company's failure to service a $25 million dollar debt. This is despite the fact that the company was unable to access its chequebooks to pay the complainant due to the continued occupation of its offices by the police.

The failure by the media, particularly the private media, to expose such clear cases of injustice, gives the State latitude to perpetuate unchecked, violations of basic human rights as enshrined in the constitution.

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