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MISA Zimbabwe's Response to the First Report of the Portfolio Committee on Transport and Communications on the State of the Public Media in Zimbabwe, Presented to Parliament on 31 May 2006
MISA-Zimbabwe
June 2006

Introduction
MISA Zimbabwe, acknowledges viewing and reading the Parliament of Zimbabwe. Portfolio Committee on Transport and Communications (hereafter referred to as the portfolio committee) First Report on the State of the Public Media in Zimbabwe presented to Parliament on 31 May 2006.

MISA-Zimbabwe appreciates the efforts of the Members of Parliament to understand the operations of the state media and contributions towards policy changes that might make the public media, especially the state broadcaster operate transparently and democratically. In this short document, MISA Zimbabwe wishes to respond to some of the critical issues raised by the portfolio committee, with full appreciation of the consultative process that was undertaken in order for this report to come to fruition.

MISA Zimbabwe responds specifically with reference to the areas of the state electronic media, the state print media and finally with reference to some of the recommendations that the portfolio committee seeks for the Parliament of Zimbabwe to consider.

Broadcasting:
MISA Zimbabwe notes that the Portfolio committee in addressing issues around broadcasting highlighted its displeasure at the manner in which The Zimbabwe Broadcasting Corporation was 'unbundled' to cater for nine different operating units, each with its own chief executive. MISA Zimbabwe notes that whilst this was a critical appraisal of the manner in which the state broadcaster, Zimbabwe Broadcasting Corporation (ZBC) now referred to as Zimbabwe Broadcasting Holdings (ZBH) was beginning to operate, an important issue that was overlooked is that of the need to change ZBH from a state broadcaster into a public broadcaster. This would entail the repealing of the current legislative framework that allows the existence of ZBH in its current format, into one that establishes an independent public broadcaster, which carries the voices of all sectors in society regardless of, economic, political, language or racial differences. In other words, while the committee notes the technical weaknesses in the running and performance of the ZBH, debate should also focus on whether the technical challenges ZBH is facing are not a result on a lack of an unclear mandate, that has resulted, as the Committee noted, in every new Minister coming with their own board and management. The ZBH in its current form cannot be called a public broadcaster, as it, according to the Zimbabwe Broadcasting Corporation Commercialization Act, is a holding "company" which should sustain its own operations. As in any other business, a company that fails to make a profit cannot survive hence the current crisis at ZBH. The ZBH cannot be expected and, in fact, will not be able to carry out its public service mandate because its structure, as a holding company is not oriented towards serving the public. As things stand the ZBH has no charter that legislators and indeed citizens of Zimbabwe can make reference to, as to whether the ZBH is meeting its mandate or not. The confusion over the role of Transmedia in the operations of the ZBH and indeed the crisis of management and resources at ZBH is a direct result of an unclear mandate, lack of democratic management and reporting structure at the state broadcaster.

National Television Project:
In its report, the portfolio committee also noted that there have been some serious problems with the setting up of the National Television Station (NTV) as a second state controlled television channel. It is important to note that before the NTV project was declared as part of ZBH's policy intention, it had operated as a second channel for other private broadcasters for a period of at least 5 years. Whilst this channel had been leased to other broadcasters, the problems of its operation, whilst existent were not as excessive as they are now. It would be prudent for this channel to be leased again to private broadcasters that have the capacity to broadcast using the equipment currently available, whilst Parliament and government work towards the creation of a much more democratic broadcasting law that will ensure broadcasting diversity and sustainability in Zimbabwe. It is noted that before its unbundling the former ZBC was successfully leasing out this channel to independent TV stations that included LDM, MABC and Joy TV. These stations were beginning to produce their own content and this could have been taken as an opportunity to begin the opening up of the broadcasting industry in Zimbabwe. As noted by the committee, the ZBH has no competition hence the lethargic approach to its business.

MISA-Zimbabwe, therefore, encourage Hon Members of Parliament and Senate to seek holistic changes at ZBH that establish a democratic appointment structure for the board, key staff and indeed seek guarantees on the need for editorial independence of the ZBH. In its current form the ZBH cannot be a public broadcaster since it is a commercial entity and the purpose, structure and orientation of a public broadcaster is markedly different from that of a commercial broadcaster. Parliament should, therefore, encourage the Ministry of Information and Publicity to come up with a completely new structure that does away with the whole concept of commercialism and seek come up with a funding structure that ensures that the would be public broadcaster can meet its running costs and serve the people of Zimbabwe without compromising its editorial independence either through government interference or advertising influence. In any case ZBH radio stations, that include Radio Zimbabwe, as pointed out by Hon Members, are making a profit and apart from its news component which is biased towards the ruling party and also the absence of the so called oppositional voices, Radio Zimbabwe can largely be seen as representative of the ordinary Zimbabweans in terms of its music, languages and other programmes. Stations such as National FM should go back to their initial mandate, which was to serve disadvantaged communities, carry the voices of civic society, public education, cultural and other issues that relate to the day to day affairs of citizens of Zimbabwe. This, however, can only be possible if parliament itself has a direct say in the appointment of the board and key staff of ZBH and also if there is a charter clearly stating the mandate of the ZBH, which can thus be used to measure its performance and hold the ZBH to account. The affairs of any democratic public broadcaster should be subject to public scrutiny through reports to parliament as the representative body of the people. A transparent, representative and accountable public broadcaster will then have the right to receive subsidies from the state and indeed licenses fees from citizens.

The Broadcasting Services Act and the Broadcasting Authority of Zimbabwe:
The portfolio committee made salient observations about the Broadcasting Authority of Zimbabwe (BAZ), which must, in MISA Zimbabwe's View, be read in tandem with the provisions of the Broadcasting Services Act (BSA). This is because, whilst the committee noted that there had been a call for broadcasting licenses that had been undertaken by the BAZ, MISA Zimbabwe is of the considered view that the seeming 'faults' of the applications for licenses are to be found in the BSA which remains restrictive on issues such as foreign funding and still permits too much government interference in the broadcasting industry. MISA Zimbabwe is of the considered view that the BSA must be replaced with an Act of Parliament the establishes an Independent Communications Regulatory Authority that oversees all matters concerning telecommunications and broadcasting in Zimbabwe and is devoid of direct government interference. This would entail a review of all the legislatively established organs that govern civilian telecommunications in Zimbabwe that is, the Postal and Telecommunications Regulatory Authority (POTRAZ), BAZ and Transmedia. The legislative framework should allow for singular accountability around issues of telecommunications and broadcasting given the fact that in its report, the portfolio committee finds that the BAZ in its submissions singled out Transmedia for failing to provide its obligatory transmission services. MISA-Zimbabwe also notes that there seem to be no clarity between the role and interaction of POTRAZ and BAZ.

MISA-Zimbabwe further recommends that transmission business be opened up to a few other private players in Zimbabwe who can also offer direct competition to Transmedia. This can be done in phases that allow Transmedia the chance to be privatized/commercialized. The failure by Transmedia to offer better services can be traced to the issues noted by Hon Members of Parliament, that Transmedia has no adequate resource base and that it is using obsolete equipment. Transmission services should, therefore, be commercialized as an economic activity that can benefit Zimbabweans and a minimum degree of foreign investment and partnership should be allowed to allow the locals the benefit of resources that include technology transfer and foreign currency.

MISA-Zimbabwe also points out the need for Hon Members of Parliament to take note of the serious technological changes and opportunities that are afforded by the convergence of telecommunications and the broadcasting industry. The way forward for the Broadcasting industry is to realize that broadcasting is no longer confined to frequencies alone but can be done through satellite, cable among other means of content distribution and can also be done through the internet, mobile phones etc. There are enormous opportunities for economic and social growth that are blocked by equally obsolete laws such as the Broadcasting Services Act.

Transmission and Transmedia Corporation:
The Transmedia Corporation in its submissions made to the portfolio committee noted that the transmission equipment under its supervision was not only technologically out of date but also that ZBH was the sole lessee of this out of date equipment. MISA Zimbabwe urges that the portfolio committee pursue the issue of singular regulation of telecommunications and telecommunications coupled with a review of the ZBC Commercialization process as part of the groundwork for the establishment of an independent communications authority. It should seek further explanation from the Ministry of Information on the status of progress vis-à-vis the acquisition of up to date transmission equipment for ZBH as well as urge the government to allow for minimum foreign direct investment in the broadcasting industry so that equipment is acquired with greater ease. As part of its mandate the ZBH, if it is to be a public broadcaster, should be able top reach each and every corner of Zimbabwe in all languages. MISA-Zimbabwe also recommends that when Transmedia has been transformed and able to stand on its feet, new players should be allowed in the transmission business. ZBH, if it should be a public broadcaster, should focus on serving the people of Zimbabwe in their diversity, which it is not doing now, and leave the business of transmission to players such as Transmedia.

Print Media
MISA Zimbabwe notes the consultative process that the portfolio committee undertook vis-à-vis the state of the print media in Zimbabwe. It is, however, emphasized that the media environment remains restricted through legislation such as the Access to Information and Protection of Privacy Act, the Public Order and Security Act amongst a myriad of other legislative instruments. The portfolio committees findings, regrettably, do not make mention of this. Its findings in the print media sector are centered around issues concerning the salaries of journalist, which without doubt is a very important issue, but it is also imperative that the committee re-examines the status of freedom of expression and freedom of information in the country as it stand vis-à-vis the legislative framework that print media journalists and media organizations operate under. It should also re-examine the position of the Media and Information Commission in lieu of the submissions made by the Zimbabwe Union of Journalists, the Media Alliance of Zimbabwe and civil society organizations in support of a Voluntary Media Council.

The flourishing of foreign publications should be an indicator to Hon Members that Zimbabwe has failed to develop its own media industry and as noted people are turning to foreign publications and other foreign media organizations. MISA-Zimbabwe notes contradictions in that, while there are submissions and efforts to sell local publications in neighbouring countries and indeed overseas, some sections of the media industry are calling for legislation to ban foreign publications from coming into Zimbabwe. MISA-Zimbabwe sees no positive gain of restricting and prescribing what citizens of Zimbabwe can read or not read, see or not see, listen to or not listen to. In any case, in this day and age, such foreign publications can be accessed through the Internet including foreign television and radio. What, in fact, Hon Members should encourage is an increase of diverse media products, opening up of banned Zimbabwean newspapers, and the decision on what and which newspaper to read has to be made by the respective reader.

The problems at Zimpapers can best be addressed by leaving the newspapers under this stable to carry out their mandate as was envisioned when they were acquired at independence. This vision was carried in the Mass Media Trust trusteeship deed, and that these newspapers were for the citizens of Zimbabwe hence the attempt to create the trust board, that was a buffer between the publications and direct government interference. Sadly this attempt at 'no inference' failed to work over the years and Zimpapers has remained, as it was when Cecil John Rhodes formed The Herald, newspapers that serve the ruling elite at the expense of the rest of society. Under these circumstances government can serve itself trouble of managing these newspapers and serve the interests of society better by divesting its shareholding in Zimpapers. On an editorial level, Zimpapers publications should be encouraged to be fair and balanced if they are to regain the trust of readers.

Banning election coverage:
MISA-Zimbabwe questions the wisdom of suggestions that the media be banned from covering elections a few days before such elections take place. This suggestion is not only without any basis as to whether the media really has a bearing on election outcomes and processes in any negative manner. The suggestion is also vague in that an election involves a number of issues that all build up into an election. MISA-Zimbabwe questions what banning the coverage of elections really mean. Is it banning the profiling of candidates, it is banning covering rallies, is it banning covering opinions of who is likely to win, is it banning letters to the editor on the elections and also prayer meetings for a peaceful election, is it banning covering political violence related to elections, is it banning telling the electorate where the polling stations are and what they need to bring to the polling stations in order to vote, is it banning police messages encouraging voters to vote peacefully. The rhetoric questions posed above show that there is really no merit in calls to ban election coverage, as elections are a process that cannot be subdivided. As a process, elections are, therefore, not the voting process but all that takes place before and after the voting. Allowing the media to cover elections freely and as independently as possible is another way, Hon Members should encourage, as a means of validating and legitimizing the election process and results. Any election carried out without media coverage can legitimately be said to have been carried out in secrecy without due transparency and accountability and, therefore, not free and fair. This proposal, therefore, does not deserve any debate nor consideration at all, as it lacks any meaningful and positive intention.
An Assessment of the Recommendations of the Portfolio Committee:
MISA Zimbabwe notes that the portfolio committee made a number of recommendations to Parliament. Amongst these was that recommending the restructuring of ZBH into the ZBC of old, that is prior to the ZBC Commercialization Act. It is MISA Zimbabwe's considered view that this will not in any way guarantee that the ZBC ceases being a state broadcaster and emerges as a public broadcaster. MISA Zimbabwe advises the portfolio committee and the Parliament of Zimbabwe to re-engage with principles that guarantee the editorial independence of the public broadcaster and these can only be underpinned by respect of the would be public broadcaster's right to freedom of expression and information, freedom from undue government interference as foundational principles upon which a public broadcaster can be made to become more public serving and efficient. This, as stated earlier, will entail coming up with a public consultative process on the role of the public broadcaster, drawing a charter and an act of parliament that guarantees an independent, transparent and accountable system of appointing board members and senior management at the public broadcaster as well as editorial independence. Independence does not mean that the government will not be involved, but simply that more sectors and sections of society are involved especially parliament and other key civilian bodies.
The recommendations of the portfolio committee remain 'structural' in essence without adequate provision for the establishment of the aforementioned principles.

The portfolio committee recommends that there be the establishment of community radio stations, an issue that MISA Zimbabwe considers of critical importance in the narrative of the future development of this country. It would, however, have been preferable if the committee had enquired on the matter concerning regulations for the establishment of community radio stations and the attendant methodology of informing people about the importance and necessity of community radio stations. Community radio stations should be encouraged as a means of promoting social interaction, demystifying the media and indeed use of the media for social and economic development.

Conclusion
This response is made as a submission to parliament in the spirit of contributing to democratic media reforms in Zimbabwe. MISA-Zimbabwe hopes that the Portfolio Committee on Transport and Communications will remain committed to pursuing matters addressed in the report and commented on above.
Cc: Minister of Information and Publicity: Hon. P Magwana
Cc: Deputy Minister of Information and Publicity: Hon. B Matonga
Cc: The Permanent Secretary: Mr G. Charamba
Cc: CEO: ZBH, BAZ, TRANSMEDIA, POTRAZ, ZIMPAPERS

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