Media Monitoring Project Zimbabwe
Media Update # 2001/ 48
26 November to 2 December 2001

CONTENTS
1. Summary
2. Information Bill approved
3. International Relations- the “U-turn” puzzle
4. Court Reporting- How not to
5. Mayoral elections- Media mum on Chegutu mayoral
candidates
6. Memoirs 2000: Lest we forget
i. Victory for Freedom of expression- from
Article 19
ii. Low and Highs- from Diocese of Mutare
7. From our subscribers
i. Dr. Jonathan Moyo is quite enough?
ii. Appreciation
iii.Missing publication

1. SUMMARY: Media Under Siege!

· The week witnessed government’s endorsement of yet
another draconian piece of legislation, termed the Public
Access to Information and Protection of Privacy Bill to deal
with perceived wayward journalists. This comes just a few
weeks after the government announced that it intends to
amend the electoral law; after President Robert Mugabe
used his presidential powers to amend the Land
Acquisition Act to legalise the controversial land reform
programme; and lately, after the government approved the
controversial Public Order Security Bill. It would seem all
these moves are intended at dealing with the opposition,
white commercial farmers and the media - especially
private and foreign media journalists. Interestingly, the
state controlled media, which broke the news of this latest
government initiative, treated the issue as normal.

· The week also saw the launch of ZBC’s Vision 30. MMPZ
applauds the broadcaster for its much-improved visuals
and style in the presentation of their programmes.
However, ZBC’s coverage of the launch was excessive.
The launch consumed 40 minutes and 20 seconds of its
prime news hour on 29 and 30 November. This constitutes
57 percent of the 81 minutes allocated to news in the two
days. In addition to this blanket coverage, the event was
launched live on ZBCTV. The obvious casualties were the
NCA all stakeholders meeting on the constitution held in
Harare, which ZBC ignored. Similarly, ZBC ignored the
pending Public Access to Information and Protection of
Privacy Bill.

2. INFORMATION AND PRIVACY BILL: Zimpapers celebrates
draft Bill

The Herald (30/11) reported the government’s endorsement of the
Public Access to Information and Protection of Privacy Bill under
Government approves Information Bill, but did not analyse or
interpret the Bill’s curtailing effects on future operations of the
press in the country, especially those of the private press. Neither
did it scrutinize how the Bill would negatively affect the public’s
unfettered right to information.

Rather, the paper’s treatment of the issue only underlined the
public media’s enslavement to the dictates of the government,
which of late has transformed it into its announcement bulletin
rather than questioning professional news organisations.

It is no wonder that besides listing the provisions of the Bill in its
story, The Herald only used input from the Department of
Information and Publicity to justify the enactment of the legislation
at the exclusion of alternative voices.

Part of the article read: “In recommending the Bill, the
Department of Information and Publicity said the media should
be accountable to society and had to be judged on how well
they were conveying messages without distortions or
interfering with the right to freedom of expression given to
people in the constitution.”

The reporting pattern remained unbroken in the follow-up story,
Access to Information Bill to be presented soon, (1/12). The paper
noted: “Journalists who have been surviving from plagiarizing
stories from The Herald and other newspapers to file stories on
Zimbabwe in … foreign newspapers will face criminal charges
…” adding, “The proposed law has created a furore among
foreign journalists who have been distorting stories on
Zimbabwe with a view to mobilizing the international
community against the country.”

In the private press stable, only The Daily News and Standard
carried stories on the Bill. This was probably because the rest of
the papers had already gone to press when the news broke.
The Daily News (1/12) weighed in with Zimbabwe Union of
Journalists’ (ZUJ) attack of the Bill. Basildon Peta, the union’s
secretary general, said: “The only relief in the new Bill is that its
contents are so stupid, pathetic and irrelevant to pass any test
of constitutional legitimacy, even under a justice system run
by a system not different from the Afghan Taliban”.

The Standard (2/12) attacked the Bill in its comment, Information
Bill absolute madness, and accused government of approving
“devious legislation” whose effect would be “to make criminals
out of otherwise law-abiding citizens”. It noted that aspects of
the Bill, rather than strengthening the newsgathering processes of
newsrooms, actually sought to usurp the powers and
responsibilities invested in the management of media
organisations.

The paper said: “But one of the Bill’s more laughable
provisions is the requirement that journalists be issued with
certificates of registration, which will be renewable after one
year. Are journalists like pilots who have to undergo regular
checks to establish whether they are still fit to fly?”

Earlier, the Daily News (28/11) published an opinion piece calling
on the state to publish the draft Bill while The Zimbabwe
Independent (30/11) carried a preview on the Bill under the headline
Groups press for access to information. The latter statement was
from the Civic Alliance for Social and Economic Progress (CASEP)
and doubted government’s sincerity in its promise to discard the
cloak of secrecy that has dogged its operations in the past via the
Information Bill. CASEP said: “It is becoming clear that key
public rights to receive and communicate information…are
now under threat.”
ZBC failed to report the story.

3. INTERNATIONAL RELATIONS: The “U-turn” puzzle

The international community’s efforts to bring President Mugabe
back to the democratic fold continued in the week under review
with South Africa, Britain and the United States officials publicly
condemning and denouncing President Mugabe.

The state media led by The Herald used more international
conspiracy theories to explain away Zimbabwe’s problems. They
diverted public attention from the government’s shortcomings by
repeating the assertion that Britain was to blame for the current
crisis in Zimbabwe.

Significantly, they deliberately tried to smother the issues raised
by the international community in the name of sovereignty. Britain
was thus attacked for “persuading” the European Union, United
States and, more recently, South Africa to put pressure on the
ruling ZANU PF government to force it to restore the rule of law and
ensure a free, fair and peaceful presidential poll.

ZBC (30/11, 8pm) carried Foreign Minister Stan Mudenge’s
response to statements in Parliament by the British Foreign
Secretary Jack Straw without actually reporting on the speech. On
ZTV Mudenge said, “…They have no mandate and therefore are
acting illegally unprocedural and totally unacceptable as part
of the British government’s attempt to demonise Zimbabwe
using underhand methods…”

President Mugabe joined his minister in attacking Britain during the
annual National Tree Planting Day event held in Bindura (ZBC,
1/12, 8pm). ZTV quoted him stating: “Let the British know that
elections have been our tradition for years and we are not
afraid of elections at all. The MDC can never win elections
never, never. Let the Blairs, the Cooks and the Straws know
that…”

The private press stuck to the statements made by Thabo Mbeki,
EU and US diplomats. For instance, The Daily News (1/12) and
(3/12) articles Mbeki calls for more pressure on Mugabe and
Mbeki’s patience with Mugabe wearing thin, just reported on what
Mbeki had said. In its story, Europe and the US resolve to act
against Mugabe, The Zimbabwe Independent (30/11) reported
observations by Congressional Representative Ed Royce, but also
included comments from Andrew Griffiths, spokesman for
prominent EU MP Neil Parish echoing the same sentiments.

The previous day, The Financial Gazette (29/11) carried a story,
EU ponders smart sanctions, in which it reported the EU as
strongly considering sanctions targeted at members of the
government.

On the same day, The Daily News (29/1) led with Mbeki warns
Mugabe. In the story, the paper reported that Mbeki had warned of
a civil war if government did not ensure a free and election.

The Zimbabwe Independent (29/11) carried a similar story
headlined, Zimbabwe risks civil conflict without free press says
Mbeki while The Standard (2/12) led with US to discipline
Zimbabwe, a follow-up story to the US House of Representatives’
passing of the Zimbabwe Democracy Bill.

In fact quite interesting was how The Daily News (30/11) and The
Herald of the same day both covered the passing of the Zimbabwe
Democracy and Economic Bill by the US House of Representative
Committee. Both stories were based on a scathing attack on
President Mugabe emanating from a speech made by Ed Royce,
chair of the United States Africa Sub-committee in the House of
Representatives.

While The Daily News merely reported what Royce had said, The
Herald, Anti-Zimbabwe Bill to go before US House (30/11) chose
to be apologetic on behalf of President Mugabe.

For instance, when Royce is quoted in the story accusing
President Mugabe of reluctantly acceding to the holding of the
presidential poll, the paper automatically absolved him, “The
statement is a lie. President Mugabe has never refused to hold
elections and has held them since 1980…”

Likewise, the paper found itself exonerating “violent ZANU PF
thugs” by blaming the violence on the opposition MDC. Reported
the paper: “The MDC has instead been implicated in several
murders, rapes and kidnappings with the latest being the
kidnap and strangling of Cde. Cain Nkala.”
The story again accused Britain of indirectly pushing for the
enactment of the Zimbabwe Democracy Bill to punish the
government.

It also quoted unnamed sources saying, “Mr. Royce is speaking
the same language as MDC president Mr. Morgan Tsvangirai
that aid and financial assistance can only be resumed when
‘there is rule of law’ and yet Mr. Tsvangirai was the beneficiary
of a lawful decision in the Supreme Court ruling.”

ZBC played down Royce’s calls to House of Representatives to
urgently pass the Bill.

Tatenda Makono, Zimbabwe’s Consul in the US (ZTV, 30/11, 8pm)
was quoted saying, “There are still quite a few processes to go”
to give the impression that the Zimbabwe Democracy Bill was far
from being passed in the US.

Makono was abruptly cut off when he was explaining the latest
development with regards the Bill. Makono said, “They are saying
that should the bill be passed it would mean that there are
some sanctions that would be imposed on Zimbabwe as a
country” before being cut. This was a deliberate plan to
corroborate ZANU PF and the state media’s claims that the Bill
would mean the imposition of sanctions against Zimbabwe when in
actual fact it is targeted at government officials including Mugabe.
No comment was carried from the US embassy.

ZBCTV also reported in the same bulletin on the meeting between
the British High Commissioner to Zimbabwe, Brian Donnelly, and
Minister Moyo, in which Britain was reportedly “criticized for
isolating Harare because of Zimbabwe’s land reform
programme”.

The following day (1/12), the Herald triumphantly reported on how
Information Minister Jonathan Moyo had “roasted” Donnelly over
Britain’s sponsorship of the opposition and its regional and
international campaign to demonise Zimbabwe during a meeting.
The story recorded the deliberations of the meeting through the
eyes of an unnamed third party whom the paper quoted, relaying
verbatim what both Donnelly and Moyo said to each other.

The paper did not carry comments from either Moyo or Donnelly.
However, on Sunday, The Standard carried a report of the meeting
and directly quoted Donnelly, who said “we disagreed on a number
of issues. I made it clear that Britain does not support terrorism in
Zimbabwe or anywhere else in the world, but that we did not view
the MDC as a terrorist organization…”

Surprisingly, and presumably in response to the Standard story,
The Herald (3/12) rehashed its report on the meeting under the
headline, Moyo slams UK’s double standards.

An example of the Herald’s use of misleading headlines came with
MDC foreign funded (28/11). The story reported that the MDC had
admitted receiving funds from the British Westminster Foundation –
but only before the prohibition on foreign funding under the Political
Parties Finance Act. Hence there was a story – but not the one
that the Herald tried to suggest.

The MDC secretary general, Professor Welshman Ncube, was
reported as dismissing “reports that the Westminster
Foundation was still funding the MDC through non-
governmental organisations such as the Armani Trust”. These
are nothing better than smear tactics. No evidence was presented
for the allegation – not even references to where such “reports”
might be found. Of course, the sentence as written in probably
accurate. Presumably Prof. Ncube did “dismiss” the allegations,
but this is hardly worth reporting unless the paper has evidence to
support the claims. Confidence is not greatly inspired by the
Herald’s inability to get the name of the NGO right. It is the Amani
Trust – which provides psychological counselling to survivors of
torture and organized violence. Its name is the Kiswahili word for
peace. Despite what the Herald appears to believe, it has nothing
to do with the Italian fashion designer.

4. COURT REPORTING: How not to

The Herald’s reporting of the continuing bail application by Simon
Spooner, one of those accused of the abduction and murder of
Cain Nkala, has been an interesting exercise in how far the truth
can be twisted without the reporter being hauled before the court for
contempt. There are, rightly, strict rules governing the reporting of
continuing court cases. The Herald does not always feel greatly
constrained by these, as instanced by the purported description of
Nkala’s last moments in its issue of 16 November. However, its
court reporter in Bulawayo (and sub-editors in Harare) are clearly
aware that total fabrication is not really an option. So subtle
distortion must serve instead.

For example, on 27 November, the story headlined New twist in
kidnap case, led with Spooner’s testimony that he had received
military training in Australia between 1967 and 1969. There the
“twist” was left hanging, presumably because there was nothing
else to be said about something that was of no obvious relevance
to the case. Numerate readers will not have taken long to work out
that the 48-year-old Spooner was aged between 14 and 16 when he
undertook this training.

This diversionary lead was used to bury the far more relevant
second half of the story, in which another of the accused, Khetani
Sibanda, alleged that police had assaulted him in order to force a
confession from him. This claim, whether true or not, is highly
relevant to the truth of the allegations against the accused.
Whether Spooner was in the cadets as a schoolboy is not.

The following day the story was headlined (with startling originality)
New twist to murder case. This time there was indeed a twist:
Sibanda, who had claimed not to have met Cain Nkala, now
testified that scars on his wrist were caused by Nkala’s biting him
during the kidnap. (The Daily News, but not the Herald,
subsequently cited a medical report concluding that the scars were
not consistent with bite marks.)

The effect of this new “twist” was to relegate another claim of
torture, this time from Remember Moyo, to the second half of the
story.

The Herald also needs to watch its tendency to report allegations
against the accused as fact. In reporting Remember Moyo’s
testimony, it stated that he had last driven a white Toyota Hilux
four days before his arrest. It then stated that a “similar car” had
been used in the Nkala kidnap. “The car, which belongs to the
MDC, has not been recovered.” Yet it was the car driven by
Moyo, not necessarily the one used in the kidnap, which is owned
by the MDC.

Similarly, the previous day, the Herald reported: “The money
Sibanda was to collect was raised by MDC supporters in
Harare and was to be used by Cde Nkala’s killers to flee the
country soon after the murder.” The omission of the words “the
State alleges” from that sentence is deeply unprofessional.

5. MAYORAL ELECTIONS: Media mum on Chegutu mayoral
candidates

The forthcoming Chegutu mayoral elections to be held on 8 and 9
December were overshadowed by the Supreme Court ruling on the
Harare mayoral election. Those who will be voting in the town of
Chegutu have not been empowered with information in the media
on what the aspiring mayoral candidates for Chegutu have to offer.

ZBC (26/11, 8pm) reported that the Supreme Court had set aside
the previous week’s High Court ruling ordering the Registrar
General’s office to conduct the Harare mayoral elections by 28
December 2001, following an appeal by the Registrar General
Tobaiwa Mudede. High Court Judge Justice Hungwe had previously
ruled that his ruling would still stand despite an appeal. Chief
Justice Godfrey Chidyausiku in his ruling stated that a lower court
could not order the Supreme Court. The state broadcaster reported
the ruling without clarifications and analysis for the benefit of the
public who might have been confused by the development.

No comment was sought from alternative law experts on the ruling.

Only The Herald, The Daily News and The Zimbabwe Independent
covered the urgent appeal to the Supreme Court by Mudede. The
Daily News and Zimbabwe Independent focused their attention
more on the irregularities surrounding the appeal while The Herald
reports remained largely uncritical.

The Herald and The Daily News (26/11) both carried a story each
on Mudede’s appeal to the Supreme Court. However, The Herald
story, Poll order opposed, gave emphasis to Mudede’s arguments
for wanting the High Court ruling reversed and underplayed the
controversial circumstances in which the appeal was presented or
heard. These were buried deep in the story.

It was left to The Daily News story; Chidyausiku refuses to recuse
himself from election hearing to highlight those circumstances. In
it, the paper highlighted concerns raised by lawyers of the
Combined Harare Residents Association (CHRA) – who had earlier
successfully asked the High Court to petition Mudede to conduct
the Harare mayoral and council elections – that Chidyausiku
recuse himself from the matter to avoid conflict of interest.

The lawyers are reported in the story as having argued that
Chidyausiku “was involved in improper business dealings with
the commission presently running the City of Harare”.

Although Mudede had told the High Court the voters’ roll was ready
for inspection, reported the paper, he made “a sudden u-turn and
said he was pre-occupied with preparations for next year’s
presidential election…”

The Zimbabwe Independent story, Chidyausiku faces conflict of
interest (30/11) dovetailed with The Daily News one and observed,
among other issues, that Chidyausiku’s order was “made on the
basis of wrong information contained in the Registrar-General
Tobaiwa Mudede’s affidavit”.

Reports the paper: “Legal sources said Mudede’s distortions
could have been through ‘negligence or forgery’.”

The Daily News (1/12), in its article Mudede misled Chidyausiku
says residents’ lawyer, also highlighted that Mudede had presented
“completely new facts and a reversal of his previous stance”

Both The Herald and The Daily News politicized the issue. The
Herald (27/11) put a political spin by quoting Moyo who said,
“Those who have demanded that we accept (Justice) Hungwe’s
judgment without appealing against it are either children who
waste our time or dangerous elements in our midst who want
to use the judiciary against the majority.”

The Daily News (28/11) publicized the issue in its article, NCA
boss hammers Chidyausiku’s ruling, and in its comment: Election
appeal shows government is scared.

Observed the comment: “The hasty manner, bordering on sheer
panic, in which the Supreme Court was convened to hear the
government’s application, not only testifies to the
unacceptable extent of totalitarian rule under which we now
live, but also to how government has become in its bid to
avoid having to subject itself to any test of popularity, not just
in Harare but nationwide.”

6. MEMOIRS 2000: Lest we forget

Your comments and opinions mean a lot to us. Last year we asked
our subscribers to help us look back on the Zimbabwean media
with a short paragraph or two about what they thought were the
main stories in the year 2000.

As from last week to the end of the year we are publishing some of
the responses we received.

Please note, the opinions expressed do not necessarily reflect the
views of MMPZ.

In the meantime, we kindly ask you to help us look back on the
year 2001. Tell us what you think were the main stories in the year
2001.

Send your responses to [email protected] [2] or
[email protected] [3]

i. VICTORY FOR FREEDOM OF EXPRESSION

We feel that the Chavunduka/ Choto ruling was a significant victory
for freedom of expression during 2000 as outlined in ARTICLE 19's
press release dated 5 June 2000:

"In a landmark judgement upholding the right to freedom of
expression, the Supreme Court of Zimbabwe has struck down the
legal provision under which tortured journalists Mark Chavunduka
and Ray Choto were charged last year.

Andrew Puddephatt, Executive Director of ARTICLE 19 said:

"We are delighted that the Zimbabwean Supreme Court, in a
powerful and unanimous decision, has struck out the provision
which might have led to the imprisonment of Ray Choto and Mark
Chavunduka.

"This is a very significant victory for freedom of expression and
sends a clear signal that "false news" measures are unacceptable.
ARTICLE 19 hopes to build on this, using the judgment to assist in
our efforts to do away with the false news provisions that still exist
and are actively applied in many countries," he added."

Louise King Schlich, Africa Programme Officer, ARTICLE 19-
Global Campaign for Free Expression

ii. LOWS AND HIGHS

You asked for a short paragraph or two.

First of all, may I thank you for your service throughout the past
year. I pass on your weekly reports to six people with e-mails here
in Manicaland and sometimes to others overseas. Your analysis is
insightful, impartial and much appreciated.

You asked about the main stories; could I briefly offer you what I
view as a few highs and lows during the year as my way of
encapsulating the stories.

The highs would relate to the growing maturity of the Zimbabwean
electorate reflected in the large turn out for the June elections and
the formation of a significant opposition group in Parliament. A high
was also the widespread consultation before the Referendum last
February and the fact that the people were mature enough to say
"no" despite a very partial promotion of the "yes" vote in the state
media. A high would also be the fact that the unequal and unjust
distribution of land is being seriously examined by all sectors of
society - not least the major landowners themselves, even if under
duress.

The lows would seem to be many.

The way the land issue was politicized before the June election;
the ongoing lawlessness in many rural areas. The fact that the
electoral process - which should be an act of self-determination
and empowerment - has for many become an occasion of
intimidation and fear.

Further lows would refer to the low turnout in the Referendum
largely due to the rushed nature of the process between the
publication of the draft constitution and the day of the referendum
itself. Most people had not seen the draft. Many did not
understand what they were voting for and thus stayed away; I
suspect also that many who did cast their ballot, voted on party
lines. A Constitution should be a sacred document, a legacy to
future generations, and thus above the manipulation of party
politics.

Another low has been the consistent use of the state media to
further the interests of the ruling party rather than providing an
impartial service to the people of Zimbabwe. The worst examples of
this were in the pre-June electioneering period; the TV coverage
was embarrassing to say the least! A low too has been the
interference by the Executive in the affairs of the judiciary -
particularly in recent times.

I have been appalled too by the level of racist and divisive language
that people in positions of responsibility have used. The poor
performance of the opposition MDC in parliament and the bungling
of their leadership has also been a low.

A major low has been the recent amnesty for those who committed
political crimes. It is incomprehensible that the perpetrators of
violence are being allowed go free. They are receiving a clear
message: "Violence pays. It can be undertaken with impunity and
can be undertaken again". In particular it can be undertaken in two
years times when a further election looms.

You are receiving much more than one or two paragraphs. It was
not my intention to write so much.
Again thanks. Keep up the very good work.

(Fr) Michael Bennett, Diocese of Mutare

7. FROM OUR SUBSCRIBERS

“Dr. JONATHAN MOYO” IS QUITE ENOUGH

From Roger in Harare, Zimbabwe

In Update # 2001/47 you wrote:

“…The Sunday Mail (25/11) carried five opinion pieces attacking
the MDC. Professor Jonathan Moyo, the Minister of Information
and Publicity penned one of the articles, titled MDC “Clean up”
strategy exposed…”

Why do you find it necessary to continue to dignify Jonathan Moyo
with the title "Professor"?

As far as I understand, he was an Associate Professor (not a full
Professor) and therefore should cease to use the title since his
employment in that capacity has ended. Dr Jonathan Moyo is quite
enough- in all senses of that phrase!

APPRECIATION

From Barry MacCartney in Harare, Zimbabwe

I just want to put on record my appreciation of what you are doing.
I forward your reports on to people all over the world. Yours is a
voice of sanity, an oasis of calm in a disturbing situation. It is
good to know that there are people of such quality in Zimbabwe. I
am a British teacher here on a 3-year contract. Many thanks.

MISSING PUBLICATION

From a subscriber in Harare

Hello there - could you please tell me what has happened to the
publication of the Daily News - I haven't been able to get copies for
the past two days?

From MMPZ: The circulation department of the Daily News can be
contacted on 781012, 781264, 781406 or e-mail
[email protected] [4] Contact details of the various
newspapers in Zimbabwe can be accessed from our website at
http://www.icon.co.zw/mmpz [5]

Ends

The MEDIA UPDATE is produced and circulated by the Media
Monitoring Project Zimbabwe (MMPZ), 15 Duthie Avenue,
Alexandra Park, Harare, Tel/fax: 263 4 703702, E-mail:
[email protected] [2]
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