IFEX - News from the international freedom of expression community
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ACTION ALERT - ZIMBABWE

31 January 2003

"The Daily News" operating illegally, information minister says

SOURCE: Media Institute of Southern Africa (MISA), Windhoek

(MISA/IFEX) - Minister of Information and Publicity Jonathan Moyo has said
that "The Daily News" newspaper and all its journalists are operating
illegally because they are not registered with the Media and Information
Commission.

Moyo's statements are contained in his founding affidavit to the Supreme
Court, defending the "legality" of the Access to Information and Protection
of Privacy Act (AIPPA). Moyo, the Media and Information Commission and the
Attorney General are respondents in a Supreme Court challenge brought by the
Associated Newspapers Group (ANZ), the publishers of "The Daily News". The
ANZ is challenging the constitutionality of the registration of media houses
clause in the AIPPA.

In his affidavit, Moyo claims "The Daily News" has deliberately flouted a
"properly" constituted Zimbabwean law and is therefore operating illegally.

"The applicant has taken the choice not to apply for registration and the
applicant's journalists have not applied for accreditation. The applicant is
therefore, by choice operating a media business in contravention of the
Act," Moyo said.

Moyo went on to say that the ANZ is being disrespectful of the judiciary and
Parliament. "In other words, the applicant has taken the place of Parliament
and this honourable court, adjudged the Act unconstitutional and proceeded
to ignore the same completely," said Moyo.

"I know of no country where a citizen has the option to respect a law if it
suits such citizen or ignore the same with impunity if the piece of
legislation fails to meet the expectations of such citizen," added Moyo.

Moyo added that freedom of expression does not belong to organisations like
"The Daily News" but rather to ordinary people. He also said that Zimbabwe's
constitution does not explicitly protect press freedom, hence "The Daily
News" cannot seek protection of freedom of expression as defined under
Section 20 of the constitution.

"I must deny [this]. The right protected by Section 20 of the constitution
is vested in the citizen and not with institutions or businesses of
expression such as the applicant (The Daily News)," said Moyo.

In his founding affidavit, ANZ Executive Chairperson Sipepa Nkomo said "The
Daily News" is entitled to protection under the law governing property
rights. He also said that the paper is entitled to freedom of expression as
guaranteed in Section 20 of the Zimbabwean constitution.

"In pursuing its objectives, the applicant believes that it is entitled to
enjoy the protection of freedom of expression as set out in Section 20 of
the constitution of Zimbabwe, and in particular unhindered freedom to hold
opinion and receive and impart ideas without interference," said Nkomo.
"Like every person in Zimbabwe, [the ANZ] is entitled to protection from
deprivation of its property as provided for in Section 16 of the Zimbabwe
constitution," added Nkomo.

MISA-Zimbabwe is in possession of documentation that nullifies the
minister's claim. In fact, the documentation proves that contrary to the
minister's assertion that journalists at "The Daily News" refused to seek
accreditation, it is in fact the Media and Information Commission that
refused to accredit them.

Commission Chairman Tafataona Mahoso wrote to "The Daily News" on 2 January
2003, indicating that no journalist from the paper would be accredited,
because the paper itself had refused to register. No date has been set for
the hearing of the matter. "The Daily News" employs 232 persons.

RECOMMENDED ACTION:

Send appeals to authorities:
- noting that the statements by the information minister and the Media and
Information Commission chairperson represent a serious threat to press
freedom in Zimbabwe, demonstrating the government's determination to use
repressive legislation to close down independent media in the country
- recalling that "The Daily News" and many other private newspapers play a
significant role in the day-to-day life of Zimbabweans, keeping the various
sectors of society informed of developments in the country and offering a
much-needed alternative source of information
- noting that the eventual closure of "The Daily News", which might result
from such threats, is a serious matter, detrimental to the overall
democratisation process in Zimbabwe
- noting that citizens need the infrastructure to exercise their freedom of
expression, and "The Daily News" is one such institution
- urging them to respect the Zimbabwean constitution, international
conventions and acceptable principles and norms to which Zimbabwe is a party

APPEALS TO:

Professor Jonathan Moyo
Minister of Information and Publicity
Office of the President
Munhumutapa Building
Box 777
Causeway
Harare, Zimbabwe
Tel: +263 4 706 894 / 707 091 / 707 098

Dr. Tafataona Mahoso
The Chairman
Media and Information Commission
P O Box CY 7700
Causeway
Harare, Zimbabwe
Tel: +263 4 703 416

Andrew Chigovera
Attorney General
2nd Floor Corner House
Samora Machel Ave.
Box CY 880
Causeway
Harare, Zimbabwe
Tel: +263 4 773 247

Please copy appeals to the source if possible.

For further information, contact Zoe Titus or Kaitira Kandjii, Regional
Information Coordinator, MISA, Street Address: 21 Johann Albrecht Street,
Mailing Address; Private Bag 13386 Windhoek, Namibia, tel: +264 61 232975,
fax: +264 61 248016, e-mail: [email protected] or [email protected],
Internet: http://www.misa.org/

The information contained in this action alert is the sole responsibility of
MISA. In citing this material for broadcast or publication, please credit
MISA.
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