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The
state of freedom of expression in Southern Africa
MISA
May 08, 2008
The Media Institute of
Southern Africa (MISA) thanks the Commission for the time given
to address it on the state of the right to freedom of expression
in Southern Africa.
The state of the media and enjoyment of freedom of expression rights
in 11 southern African countries monitored by MISA remains a case
of one step forward and two back. MISA wishes however to highlight
difficulties experienced in the exercise of this right in the following
four countries;
Lesotho
In Lesotho, the arrest of Thabo Thakalekoala on charges of Sedition
and Incitement under the Internal Security Act of 1984 was like
a historical account from the apartheid era. Thakalekoala, a broadcast
journalist was kept in police custody and received numerous threats
because he read a letter on radio which, the government charged,
was likely to cause public disorder. The mere existence of such
laws that infringe on media rights and freedom of expression is
a serious threat to the media. The arrests of the journalist led
to self-censorship within the media, thereby depriving the society
of vital information. The Lesotho media and freedom of expression
violations are further worsened by government's actions of
banning adverts in the so-called opposition media, an act of economically
suffocating critical media voices.
South Africa
In South Africa, the ruling party, the African National Congress
(ANC) is beginning to exhibit the all too familiar signs of a post-independence
nationalist party drunk with power and threatening the very freedom
it fought for. The struggle over the management of the public broadcaster,
SABC, points to an all too familiar African scenario wherein governments
fail to redefine the post-independence role of the media without
pushing through selfish political and economic interests. While
the SABC remains a much better example in many respects in comparison
to the Zimbabwean, Zambian and Malawian state broadcasters, the
fact remains that the ANC government is too involved in the running
of the SABC hence the controversy over the appointment of the new
board in 2007.
Swaziland
Swaziland remains an interesting case of a cover up of repression
under the guise of parliamentarianism. There is one law in Swaziland,
the word and wishes of the King.
Zimbabwe
The situation in Zimbabwe remains truly amazing. The right to freedom
of expression, whilst guaranteed under the constitution
remains severely restricted.
The arrest, harassment and detention of at least seven media personnel
during the recently held harmonized elections is a serious cause
of concern. We understand as the ACHPR is meeting here, the Zimbabwean
Republic Police have picked
up for questioning Davison Maruziva who is the Editor of a weekly
paper The Standard following the publication of an opinion piece
written by Professor Arthur Mutambara, leader of the other formation
of the Movement for Democratic Change (MDC). The article in question
appeared in The Standard on 20 April 2008 under the headline: A
shameful betrayal of national Independence.
MISA expresses its shock and disappointment with the amendments
passed in January to the Access
to Information and Protection of Privacy Act (AIPPA), Broadcasting
Services Act (BSA) and the Public
Order and Security Act (POSA).
The amendments clearly demonstrate the government's determination
to maintain the status quo of the restrictive media freedom and
freedom of expression environment through cosmetic amendments to
the offending laws.
A critical analysis of the provisions of the amendments do not by
any stretch of the imagination reflect any serious intentions on
the part of the government and ruling elite to democratise the laws
in question in line with democratic principles that should govern
media regulation. These include, among many others, the declarations
and charters the Zimbabwe government has ratified namely the 1991
Windhoek Declaration, African Charter on Human and Peoples Rights,
African Charter on Broadcasting and Banjul Declaration on the Principles
of Freedom of Expression in Africa.
The amendments mostly dwell on peripheral and inconsequential administrative
issues which do not advance even by a single inch the cause for
basic freedoms such as the right to freedom of expression, media
freedom and freedom of assembly and association. MISA has therefore
dismissed the proposed amendments as amounting to applying lipstick
on a frog.
MISA is greatly concerned that despite assurances to the African
Commission on Human and Peoples Rights that AIPPA, among other contentious
legislations will be amended to conform with the Declaration on
the Principles of Freedom of Expression, the government still proceeded
to retain statutory media regulation through the proposed amendments.
MISA calls on the ACHPR to call upon these states to implement laws
which will make it possible for the effective realization and enjoyment
of Article 9 of the African Charter.
MISA calls on the ACHPR to request the government of Zimbabwe to
desist from arresting detaining and harassing journalists especially
in view of the recently declared election run-off between Robert
Mugabe and Morgan Tsvangirai.
* Delivered
by Wilbert Mandinde, Legal Officer MISA-Zimbabwe on the occasion
of the 43rd ordinary session of the African Commission for Human
and Peoples' Rights.
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