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High Court throws out yet another ANZ application
MISA-Zimbabwe
May 10, 2007

As the merry-go-round situation in the matter involving the registration of Associated Newspapers of Zimbabwe (ANZ) publishers of the banned Daily News and Daily News on Sunday continues, the High Court on 9 May 2007 dismissed an application by ANZ in which they were seeking an order to be duly licensed. Strangely though, the court still reaffirmed the inability of the Media and Information Commission (MIC) to consider the application, leaving questions as to how this matter will be finalised in the absence of the judiciary taking a clear position on the need to license the ANZ.

Justice Anne-Mary Gowora who heard the matter seven months ago started by giving a history of the matter. She made mention of the judgment by Justice Rita Makarau (now Judge President) of February 2006 in which she ruled that the Media and Information Commission (MIC) board chaired by Dr Tafataona Mahoso was biased against the ANZ.

The judge said the MIC's impartiality was tainted by the proven bias of its chairman, thereby barring all members of the Commission's board from involvement. What was left was for the Minister to consider putting in measures to ensure that an impartial commission was put in place to consider the licensing application of ANZ.

Justice Gowora, however, found that the Minister had no intentions of putting in such measures or even change the composition of the (MIC). "Clearly, this would be in violation of the applicant's rights in terms of the Act and Constitution, " she said.

Despite such a pronouncement, Justice Gowora still found that it is the Minister who is mandated to act as an administrative authority and do all that is possible to ensure compliance with the Act. She found that despite the fact that there was bias found on the part of the MIC and its chairperson, no such findings could be alluded against the Minister. She advised that the most appropriate thing would be to apply for an order for the Minister to be directed to take such administrative action that would put in place conditions and a legal framework for the application for registration by the applicant to be considered and determined.

MISA-Zimbabwe expresses deep concern over the judgment which has once again failed to bring finality to the five-year old matter. Without doubt the vicious circle, in which this matter is now caught in, seriously prejudices the publishers and employees of the Daily News and The Daily News on Sunday. Worse off are the majority of Zimbabweans who are fed dosages of state propaganda day in and day out without alternative information.

Background

The Associated Newspapers of Zimbabwe had applied to the High Court for an order that it be deemed to be registered as a mass media service in terms of Section 66 of the Access to Information and Protection of Privacy Act (AIPPA) and that the MIC be ordered to issue to applicant a certificate of registration as a mass media service in terms of the same section of AIPPA.

Advocate Eric Matinenga had argued before High Court judge Justice Anne Mary Gowora that Section 66 (3) of the Access to Information and Protection of Privacy Act (AIPPA) which stipulates that applications to be registered should be submitted in AP1 format, accompanied by a business plan and the requisite application and registration fees. Nothing in the opposing papers filed by the MIC and the Ministry showed that ANZ had not met that criteria.

The MIC, represented by Harare lawyer Mercy Chizodza, had opposed the application arguing that only the MIC has the power to licence Mass Media Service Providers as the Administrative Authority. She had stated that for the court to issue the order prayed for, it would have usurped the powers of the MIC.

Nelson Mutsonziwa of the Attorney General's Office, appearing on behalf of the Acting Minister of Information and Publicity, had pleaded with the court to refer the matter back to the Minister describing the actions by ANZ as pre-mature. He had argued that ANZ had approached his Ministry to enable it to deal with the issue arising out of the Supreme Court judgment and that of Justice Makarau.

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