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MISA-Zimbabwe workshop with Parliamentarians - Victoria Falls July 2004
Kubatana.net
July 19, 2004

Photographs by Kubatana.net

Introduction
The Zimbabwe chapter of the Media Institute of Southern Africa (MISA) held a one and a half-day media workshop with members of Parliament. Most of the Parliamentarians present where members of the Portfolio Committee on Transport and Communications. This workshop was also a follow up to the last meeting with the Committee held at St Lucia Park on May 05, 2004

Day One - July 16, 2004
Reyhana Masters-Smith was scheduled to give the welcome address but she was not able to attend the workshop. In her place Thomas Deve (Treasurer of MISA-Zimbabwe) welcomed all present and reiterated MISA-Zimbabwe's position following negative reports in the State controlled media. Thomas also introduced the facilitator of the workshop Rutendo Kambarami (Mwengo).

Review of last year's workshop and objectives of this year's workshop
Sarah Chiumbu, Director for MISA-Zimbabwe gave a review of the 2003 workshop in Kariba. She said the 2004 workshop was very productive but there is a lot of negative developments what have evolved since the last workshops. These developments include:

• Closure of the Daily News and the Daily News on Sunday
• Capital Radio Judgement
• Closure of the Tribune
• AIPPA amendments

Sarah also highlighted the major objective of this year's workshop which were:

• Discussing and sharing ideas around the Zimbabwe Broadcasting Holdings (ZBH)
• Misunderstanding of issues at ZBC
• Capital Radio judgements (sections nullified and upheld)
• AIPPA (overview of highlights of the act)

Presentation of reports and challenges made by the Portfolio Committee
Silas Mangono (Chairperson of the committee) was not able to attend the workshop. Hon. Gibson Munyoro read his speech. The Committee's presentation was mainly to share their experiences in the findings of the two reports on broadcasting and operations of the Zimbabwe Broadcasting Holdings (ZBH). The report on Broadcasting was presented to Parliament on June 09, 2004 and the ZBH report is yet to be finalised and tabled in Parliament in the next session.

Hon Munyoro said the Committee's enquiry was guided by four objectives. These are:
To determine the extent to which ZBH fulfils its mandate as a public "national" broadcaster; to determine the extent to which ZBH adheres to the provisions of the Broadcasting Services Act; to get enlightenment on ZBH policy on programming and to assess the viability of the company.

Hon. Munyoro said his Committee had also resolved to establish an Equiry into Broadcasting Licences a decision that was reached following presentations by various prospective broadcasters. One of the major issues that the Committee will be investigating is why no license had been issued, 3 years after the promulgation of the Broadcasting Services Act (BSA).

Hon. Munyoro reiterated that their Committee realised the importance of having Broadcasting Services and media laws that comply with international standards. Hon Munyoro also said Committees had not had any luck in dealing with the legislation as it gives more protection to the Status quo.

Day 2: Session one

The Electronic Media
Former Editor in Chief, ZBC News, Shepherd Mutamba gave a critical analysis on the restructuring of at ZBC. He also clarified the difference between criticising something and attacking something. He said journalists had oftenly been accused of attacking public office bearers/documents yet in fact they are criticising them.

Shepherd began by giving his comments on the report presented to Parliament by the Committee. He said the report was not balanced because it gave more prominence to the defendant rather than the complainant. He said most of the people interviewed know where their bread is buttered.

Shepherd said there was a lack of editorial freedom at ZBC. A board appointed by the Minister of Information in the Office of the President and Cabinet ran the ZBC.

In his testimonial about working at the ZBC, Shepherd said the Government interfered and controlled the day to day running of station. He said during his tenure as Editor in chief under the Gideon Gono led Board, there was a lot of interference in editorial and managerial levels. Issues like who should anchor news programmes or who should be taken off air. He said lack of freedom affects the functions of the public broadcaster.

He further added that at one stage the Minister of Information reduced himself to director of news by suggesting what angle the news should take and giving a particular spin the story should take. Shepherd said he was disclosing this information so that people can understand government's interference and its consequences of free floor of information visa vis the restructuring at ZBH.

Shepherd said he resigned from the ZBC after serving for a "record" 7 months after refusing to be turned into a professional puppet.

Transmedia
Bucaca Phulu a Bulawayo based legal Practitioner made a presentation on the operations of Transmedia, which is the signal carrier company formed after the commercialisation of the ZBC between (2001-2003).

Bucaca during his presentation that focused on the legal basis of Transmedia said it was a monopoly created through the back door. Trasnmedia is the sole signal carrier in the country and no private broadcaster is allowed to carry out this tack. In his presentation, he said the irony of it all is that Transmedia is funded by government and has does not have sufficient funds to meet the ever changing world of broadcasting, that of reverting from analogue to digital.

Bucaca also added that the de-monopolisation of the ZBC was not in practice but in law. Bucaca ended his presentation on highlighting the 3 tier system of Broadcasting namely; public, commercial and community broadcasting.

Capital Radio Judgement
Tust Maanda a Legal Practitioner from Mutare gave an analysis of the Capital Radio judgements. Capital Radio was a Harare based Radio Station which challenged ZBC's monopoly of being the sole broadcaster. Capital Radio won a court order to broadcast and they did, but only for a while.

After the shutting down of Capital Radio which had broadcast for less than a week, the state using its emergency powers created the Broadcasting Services Act (BSA). This Act was meant to regulate the operations of private broadcasters in Zimbabwe.

In his presentation Trust said, the BSA affects the freedom of expression. He said the BSA controls the airwaves and the free-flow of information.

Since the legal battle by Capital Radio, two sections of the BSA have been struckdown. These sections are section 6 and Section 9. Section 6 empowered the Minister to be the licensing authority, while the Broadcasting Authority of Zimbabwe, processes the applications for licences. The court struckdown this section because it undermined the independence of the Broadcasting Authority of Zimbabwe.

Section 9, which restricted the number of national and television licences to be awarded, was also struck down. The court found that this section gave more power to the sate to monopolise the airwaves.

Trust ended his presentation that although section 6 was repelled it has not been replaced. A vacuum presently exists, as there is no licensing authority. What this means it that, if call for applications are done, there is no person or body that has been approved by the law to allow the licensing to be done.

Session Two : Print Media
This session discussed the print media with a critical analysis on the Access to Information and Protection of Privacy Act (AIPPA).

Wilbert Mandinde, Acting Advocacy Officer (MISA-Zimbabwe) gave an analysis of the AIPPA Amendment Bill 2004. He described the Bill as of no significance to the advancement of freedom of expression. There were three amendments in this bill. These are analysed below:

Section 2 (amendment to S40)
This section seeks to amend S40 of the Principal Act, which required some of the members of the Board of the Commission to be appointed from nominees of an association of journalists and an association of media houses.

In his analysis of this section, Wilbert said there was no association of media houses and this meant there can be no nominee nominated by a non existing association. He further said the amendment is an admission by the Minister that the Media and Information Commission is improperly constituted.

Section 3 (amendment to Section 83)
This section seeks to amend section 83 of the Principal Act, which prohibits unaccredited or suspended journalists from practising. Presently there is no penalty provision for some who is found be practising without accreditation. The proposed amendment will see those caught on the wrong side of the law being fined $600 000 or imprisoned for two years or both.

Wilbert argued "A law without a penalty is no law" and the present law has no criminal sanctions, hence it can be regarded as non-existent. He further argued "a custodial sentence for practising a constitutionally guaranteed right is unheard of, . . . it is too harsh".

Section 4 (amendment to paragraph 4 of the 4th schedule)
Wilbert said this section seeks to provide for the appointment of an Independent Disciplinary Committee to determine whether any member of the Commission suspended by the minister should be dismissed. One of Wilbert's main argument was that the regulation and conduct of journalists and those involved in the media profession should be done by themselves, the same way as legal practitioners and chartered accountants.

How AIPPA has been used since 2002
Rashweat Mukundu, Research and Information Officer (MISA-Zimbabwe) made a presentation on how AIPPA has been used since 2002. His presentation briefly highlighted the arrests of journalists and the closure of media houses, The Daily News, The Daily news on Sunday and the suspension of The Tribune. He further described AIPPA as the severest blow against freedom of the press in Zimbabwe.

Rashweat added that AIPPA requires journalists to be accredited and the accreditation must be obtained from the Media and Information Commission (MIC). As a result of this, four journalists have been arrested and charged with practising journalism without accreditation. He further said "journalists who have been accredited still face problems in accessing certain events and sometimes they are not invited to state functions or when they are invited security personnel especially the police have sometimes refused to recognise these cards.

Conclusion
There was an emotionally charged discussion amongst some of the Parliamentarians. Some of them threatened to walk out of the workshop because they felt they were being attacked.

The parliamentarians agreed that it was not easy to summon people before the Committee especially the Minister of information Professor Moyo. Hon. Giles Mutsekwa said "it was not easy to summon Prof Moyo, we had to use every trick in the book". Another parliamentarian said the Prof Moyo was very defensive with his meeting with the Committee. "If we had included all he said, it would have filled more than 500 pages" said another parliamentarian.

During the deliberations on Prof Moyo's answers to the Committee, the Parliamentarians said there are reports that Moyo's comments which where recorded disappeared. Other Parliamentarians said the recorder was not working well, while some even said they disappeared.

Delegates to the workshop felt that Shepherd had been courageous to inform them of what is going on at the ZBC.

There was a lot of discussions and debate after each presentation and delegates felt the workshop was short and more time was needed to come up with a proper way forward of addressing the media situation in Zimbabwe. It was generally agreed that MISA-Zimbabwe should try and seek an audience with the relevant people that stifle media freedom, especially the Minister of Information and publicity.

For a long as meetings will be held and the people who are in a position to enforce the change of legislation are not present, these meetings will just be talk shops. It some also agreed that the present problems are a result of the constitution and until something is done, there is no practical way forward.

MISA will be compiling a report on the workshop, which will include the resolutions that will be taken from the various comments by the people during the workshop.
Sarah Chiumbu did the vote of thanks. She thanked everyone for their participation and most importantly thanked the Parliamentarians from taking time out from their busy schedule (campaigning for the 2005 elections).

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