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Minister files opposing papers in ANZ case
MISA-Zimbabwe
April 20, 2006

The Minister of Information and Publicity Dr Tichaona Jokonya says he can only appoint an independent committee to adjudicate over Associated Newspapers of Zimbabwe’s (ANZ) application to be licensed if the Access to Information and Protection of Privacy Act (AIPPA) is duly amended.

In opposing papers filed with the High Court, Jokonya also opposed ANZ’s earlier application to be deemed registered, arguing that the court did not have powers to grant the application.

ANZ, publishers of the banned Daily News and Daily News on Sunday, have filed for a court order seeking to be duly licensed saying the state-controlled Media and Information Commission (MIC) had failed to deal with their application within a specified period.

This followed High Court judge Justice Rita Makarau’s judgment on 8 February 2006 in which she ruled that the MIC board chaired by Dr Tafataona Mahoso was biased against the ANZ.

The minister was then supposed to have appointed an independent panel to determine the ANZ’s application.

However, Jokonya who is cited together with the MIC as respondents in the matter, said he cannot appoint another committee to preside over the case because AIPPA did not provide for that.

"The way forward would be an amendment of the Act so as to provide me with powers to appoint an ad hoc commission whenever a situation as in the instant arises. To appoint such a commission without it being sanctioned by law would be ultra vires the Act and as such the commission would be illegal," said Jokonya.

The matter is still pending before the courts.

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