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ANZ Supreme Court hearing postponed
Media Institute of Southern Africa - Zimbabwe Chapter (MISA-Zimbabwe)
February 02, 2004

Zimbabwe’s Supreme Court postponed to 18 February a hearing on appeals by the Media and Information Commission (MIC) and the Minister of Information Jonathan Moyo to have The Daily News and The Daily News on Sunday shut down again.

On 26 January the Supreme Court declined to grant an interdict sought by the MIC barring the newspaper company from publishing. Chief Justice Chidyausiku sitting in chambers, said that he could not issue the interdict sought by the MIC but had no problems with the appeal for the consolidation of these cases pending before the court. Two appeals were pending before the Supreme Court, both seeking an interdict stopping the ANZ from publishing.

Chief Justice Chidyausiku instructed the MIC lawyer, Johannes Tomana, to consolidate the appeals, which according to him were fragmented and difficult to deal with.

"I believe you are not really entitled to the interdict that you seek. It is so untidy to deal with these matters piecemeal. I am sure this is what has caused the confusion. That is why it is important to consolidate all the letters and the appeals be heard as one case." Said Chidyausiku.

The ANZ lawyers consented to the consolidation of the appeals saying this could provide a proper way forward and avoid further confusion.

On whether The Daily News and The Daily News on Sunday should continue publishing, the Chief Justice Chidyausiku said the newspaper was operating outside the law as he ruled on 11 September 2003. He said this is because the two papers are not licensed by the MIC.

He said the judgements passed by the Administrative Court and the High Court had no effect of suspending the ruling made by the Supreme Court in September 2003. He added that it was upon this basis that the police acted when they moved into the ANZ premises.

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