13

SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020

Namibia’s Access to Information Bill is
currently still pending. In this regard, the state
has withheld public information on the premise of
“national security”, forcing media houses to seek
legal redress. In 2019, Namibia’s Supreme Court
ruled that the government could not use national
security as a pretext for preventing the courts
from deciding whether the media could reveal
certain information.
The state has also been accused of providing
preferential treatment to state owned media and
denying access to private media. It was reported
that during the Covid-19 lockdown, the Namibian
Broadcasting Corporation received privileged
access to government press conferences (11).
In April 2019, a judge in Eswatini banned the
publication of investigative news articles detailing
how Farmers Bank was issued an operating
licence under unclear circumstances, on grounds
that documents used in the news articles were
unlawfully obtained and, therefore, could not be
used, even in the interest of the public.
In Zimbabwe, despite the enactment of the
Freedom of Information Act, the state has made
moves to infringe on privacy rights of the citizens.
In March 2020, the Zimbabwe National Army
Commander Lieutenant-General Edzai Chimonyo
said that the military “would soon start snooping
into private communications between citizens
to guard against subversion, as social media
has become a threat to national security”. The
Cybersecurity and Data Protection Bill has been
faulted for failing to meet international standards
and best practices in as far as guaranteeing
these rights; and for the lack of safeguards for
whistleblowers who expose individuals in the
public interest.

Zambian Minister
of Information and
Broadcasting Services, Dora Siliya
CREDIT: DORA SILIYA
via TWITTER

On 19 March 2019, the Zambian Minister of
Information and Broadcasting Services, Dora
Siliya tweeted that the cabinet had approved the
Access to Information Bill aimed at proactive and
organised dissemination of information. However,
the Bill is still pending, while the government
continues to stifle media entities.
In April 2020, the government of Zambia
withdrew the broadcasting licence of Prime TV.
The Independent Broadcasting Authority argued
that the closure was necessary for the protection
of public safety, security, peace, welfare and
good order. This followed a 30-day suspension
in March 2019 on grounds of “unprofessional
elements, unbalanced coverage, opinionated
news, and material likely to incite violence and
use of derogatory language”.
The closure of the media house denies citizens
information and defeats the Information Ministry’s
agenda to “facilitate the development of the
media industry in order to enhance the free flow
of information and freedom of expression for
national development.” The Information Minister
refused to restore the licence on grounds that
the station’s licence had expired prior to its
cancellation, despite their assertion of prior
renewal.

ASSESSMENT
Through enactment of an access to
information policy and legal framework,
Malawi recognizes the importance of the
fundamental right to access to information
as protected under the African Charter
and other international human rights laws
and standards. This is enunciated under
Principle 1 of the Declaration of Principles
on Freedom of Expression and Access to
Information in Africa, which urges States to
ensure the respect, protection and fulfilment
of access to information rights as it is crucial
and indispensable for the free development
of the human person, the creation and
nurturing of democratic societies and for
enabling the exercise of other rights. Further,
Malawi is in compliance with Principle 26,
which provides that the right of access to
information shall be guaranteed by law.
However, it is not enough to have an
access to information legal framework.
It is incumbent upon States to ensure
the proper implementation of these laws,
without unnecessary and illegal restrictions.
Principle 26 (1) of the Declaration enshrines
every person’s right to access information
held by public bodies and relevant private

Select target paragraph3