Media Alert

1 December 2003

Daily News Case: Judgment reserved

On 30 November the Administrative Court reserved judgement in the associated Newspapers of Zimbabwe (ANZ) case against the Media and Information Commission (MIC) in which it sort an order from the court to publish its two newspaper titles, The Daily News and The Daily News on Sunday. The ANZ sought the court order despite appeals to the Supreme by the state that the papers remain shut.

In its ruling in October the Administrative court said that ANZ must be licensed by 30 November but had not stated whether the papers could be published before that date. The ANZ therefore wanted to be granted that order to begin publishing before 30 November. However the Commission argued that the Administrative court had no right to hear the new appeal by the ANZ since it had already ruled in its (ANZ) favour earlier on.

Administrative court judge Selo Nare said after going through section 19(2) (b) of the administrative Court Act he was satisfied that the court has the jurisdiction to hear the application. Media and Information Commission lawyer, Johannes Tomana argued that since the Administrative court had come up with a decision that was in favour of the ANZ, hearing the appeal would amount to the administrative court policing its own decision and as such act like an appeals court.

The judge however reserved judgement on whether The Daily News should begin publishing. He said he needed more time to study submissions from the two parties.

In terms of the earlier court decision that the ANZ must be granted a license by 30 November, Tomana argued that the commission’s Supreme Court appeal against that order suspends the judgement.

“I reserve judgements with the hope that in future I would sit down to consider the judgement .I could have given the judgement before November 30 if I had listened to your (applicant and respondent) arguments on Tuesday.” Said the judge.

Judge Nare is presiding over the case after Harare Administrative Court president Michael Mujuru stepped down from hearing the application following allegations that he had made known that he would rule in favour of the ANZ before arguments had been heard in court.

END

Rashweat Mukundu
Research and Information Officer
MISA-Zimbabwe
84 McChlery Ave
Eastlea
Box HR 8113
Harare
Zimbabwe
Phone 00 263 4 7761 65
Mobile 00 263 11 602 685
E mail [email protected]