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Lawyers demand lifting of ban against journalist
MISA-Zimbabwe
March 04, 2008

The Media and Information Commission (MIC) has been given until 5 March 2008 to reverse its ban against Zimbabwean journalist Brian Hungwe failure of which his lawyers will file an urgent court application seeking its nullification.

In a letter dated 3 March 2008, Harare lawyer Selby Hwacha said the MIC's letter of 26 February 2008 notifying Hungwe of the one-year ban from practicing journalism is "clearly not lawful".

Said Hwacha in his letter to the MIC: "We request you to confirm urgently that the blanket ban on our client is ineffective and that there is no impediment to his practice as a journalist. The denial of means of sustenance is inherently urgent given especially that our client had been given to understand that the ban would be lifted.

"Should we not hear from you by or before 10.00am on Wednesday 5th March 2008, we will have little choice other than take the matter to court urgently," said Hwacha.

MISA-Zimbabwe engaged Hwacha under its Media Defence Fund facility to challenge the ban. In his letter to the MIC, the lawyer notes that the Commission imposed the ban in terms of Section 79 of the repressive Access to Information and Protection of Privacy Act (AIPPA) which deals with the accreditation of journalists. Hungwe applied for accreditation around the 5th of January 2007. Six months later, in July 2007 he received notice to appear before a hearing in respect of the application.

On 18 September 2008 following notification of the hearing for his accreditation, he received a letter from the Commission to which was attached "disciplinary determination" which found Hungwe guilty of contravening Sections 79 (5) and 90 of AIPPA Chapter 10:27. The determination resulted in the one-year blanket ban against Hungwe.

Hungwe then approached the Minister of Information and Publicity, his deputy, principal director and the Permanent Secretary in the ministry who all referred the matter back to the Commission to reconsider.

Hungwe's lawyers are arguing that the ban has never been valid or lawfully effective at any given time. It is noted that applications for accreditation are made in terms of Section 79 of AIPPA while a journalist can only be punished or banned in terms of Section 85 (3) of AIPPA.

In that case a journalist will be notified in writing of the proposed action and be given opportunity to show cause within a reasonable time as to why the intended disciplinary measures should not be taken. Thereafter, the Commission will afford the journalist in question a fair hearing and consider representations made before taking action it considers appropriate.

In Hungwe's case the mandatory disciplinary process was not complied with. It is further noted that the AIPPA Amendment Act which came into law on 11 January 2008, dissolved the MIC in whose place should now be the Zimbabwe Media Commission empowered to deal with the matters in question. The ZMC is still to be constituted.

"It follows with respect, that your letter (notifying Hungwe of the ban) dated 26th February 2008 and all actions at present are clearly not lawful," argues Hwacha.

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