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SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020

In February 2019, Frank Mwale, a Patriotic
Front cadre attacked Grace Lungu, a Breeze FM
journalist together with her driver during the
Mkomba Ward by-election. In a positive outcome,
the Lundazi Magistrate Court sentenced the
perpetrator to two years in jail, as a deterrent
to other perpetrators of political violence against
journalists.
In January 2019, after the government in
Zimbabwe announced a 150% hike in fuel
prices, national protests broke out against the
economic injustices. The UN Special Rapporteur
on the Rights to Freedom of Peaceful Assembly
and of Association, Clement Nyaletsossi Voule,
stated in his 2019 report on Zimbabwe that at
least 843 people were detained and about 1,055
persons charged and tried for several protest
related offences.
Civic space continues to shrink, with the
arrest, destruction of media tools, blockage from
accessing news scenes, harassment and arbitrary
prosecutions of journalists while carrying out
their duties.
Zimbabwe currently ranks 126 out of 180
countries assessed globally by the Reporters
without Borders Press Index, a reflection of a
hostile operational environment for journalists
and freedom of expression in general.
This is ironic, given the fact that Zimbabwe
is surrounded by countries like Namibia, South
Africa and Botswana which are among the highest
ranking in the world in terms of facilitating the
enjoyment of media freedoms and freedom of
expression.
A myriad of laws go against constitutional and
international standards on freedom of expression,
media freedom, access to information and privacy,
including the Censorship and Entertainment
Controls Act, Official Secrets Act, sections of
the Criminal Law (Codification and Reform) Act,
Interception of Communications Act, among
others.
These laws, with a bearing on citizens’ right to
free expression and media freedom, continue to
exist at a time when the government is in the
process of “reforming the media legal framework”
through enacting new laws.
Currently, the Cybersecurity and Data Protection
Bill, and the Zimbabwe Media Commission Bill are
in motion. Regarding media plurality, in February
2020, the Broadcasting Authority of Zimbabwe
called for six television licence applications, 10
community radio station licences and 19 campus
radio licences.

ASSESSMENT
Principle 1 of the Declaration of Principles
on Freedom of Expression and Access to
Information in Africa calls upon States
Parties to the African Charter (States)
to create an enabling environment for
the exercise of freedom of expression
and access to information, including
by ensuring protection against acts or
omissions of non-State actors that curtail
the enjoyment of freedom of expression
and access to information. The Declaration,
under Principle 5 further provides for
the protection of the rights to freedom
of expression and access to information
online and offline, in accordance to relevant
international standards.
The Declaration guarantees freedom of
expression, including the right to seek,
receive and impart information and ideas,
either orally, in writing or in print, in the
form of art or through any other form of
communication or medium, including across
frontiers, as a fundamental and inalienable
human
right
and
an
indispensable
component of democracy under Principle
10.
It also lays down, in Principle 9, parameters
in which States may limit freedom of
expression and access to information, if
the limitation: is prescribed by law; serves
a legitimate aim; and is a necessary and
proportionate means to achieve the stated
aim in a democratic society.
Most of the restrictions to freedom of
expression and access to information
highlighted in the aforementioned countries,
may be prescribed by law, however, they
fail to serve a legitimate purpose and to
meet the necessity and proportionality
test, as some have inappropriate sanctions
including jail terms for publishing criminal
defamation. In this regard, these laws are
not in conformity with the Declaration.

ATTACKS ON JOURNALISTS AND
THE MEDIA
In January 2020, Angolan journalists from TV
Palanka and Angola Catholic Radio were detained
by law enforcement for about two hours and their
material destroyed while covering a protest.
In Botswana, the Directorate of Intelligence
and Security Services (DISS) have been accused

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