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Daily News changes hands
MISA-Zimbabwe
December 16, 2004

Prominent business entrepreneur, Strive Masiyiwa, has sold off the Associated Newspapers of Zimbabwe (ANZ) group, publishers of the banned Daily News and Daily News on Sunday to its management.

Masiyiwa, the founder of Econet Wireless, reportedly confirmed the transaction to the weekly financial newspaper, The Financial Gazette. Masiyiwa who is based in South Africa, said he would be issuing a statement on the matter in due course.

ANZ chief executive Sam Sipepa Nkomo told the Financial Gazette on 15 December 2004, that negotiations between the two parties were underway.

The deal comes at a time when ANZ is awaiting a Supreme Court judgment reserved in March 2004 in its prolonged legal battle with the Media and Information Commission (MIC) following the closure of its two publications on 12 September 2003.

Background
The ANZ went to court in 2003 challenging the constitutionality of the Access to Information and Protection of Privacy Act (AIPPA), arguing that it was an unconstitutional piece of legislation which impinged on freedom of expression as enshrined in the Constitution.

The Supreme Court, however, did not go into the merits of the constitutional challenge and ruled that the publishing company should first comply with the law before challenging its constitutionality.

On September 11 2003, the Court ruled that ANZ had approached the court with "dirty hands" as it was operating outside the law because it was not registered with the MIC in terms of AIPPA.

The Supreme Court decision led to the closure of the two publications leading to the legal battles between ANZ and the MIC which were characterised by appeals and counter-appeals.

The appeals and counter-appeals were heard in March 2004 before the Supreme Court as one consolidated case. Judgment is still pending in the matter which will determine the fate of the two ANZ publications.

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