relation to the Bill of Rights. They point out that, while it gives fundamental human rights and
freedoms, it also takes them away. For example, the constitution recognises freedom of association, but political parties are still outlawed.

Zimbabwe – employing weapons of mass destruction
The government of Zimbabwe has at its disposal weapons of mass destruction against the
media in the form of the infamous Access to Information and Protection of Privacy Act (AIPPA)
and AIPPA Amendment Act, the Public Order and Security Act (POSA), as well as the Broadcasting Services Act (BSA).
The government further reinforced its anti-media and free expression arsenal with the signing
into law of the Criminal (Codification and Reform) Bill on June 2, 2005 which makes it increasingly difficult for the few remaining journalists who survived the implementation of AIPPA
and POSA to perform their newsgathering tasks without fear or favour.
Journalists now risk spending 20 years in jail as the new act introduces harsher penalties than
those provided for under POSA and AIPPA. A journalist convicted of contravening Section 31 (a)
of the act will be sentenced to jail for a period not exceeding 20 years or to a fine of up to Z$2,5
million or to both such fine and imprisonment.
Section 33 of the Codification Act is similar in all respects to Section 16 of POSA. It deals with
“undermining the authority of or insulting the President”. It prohibits the making, publicly and
intentionally, of any false statement (including an act or gesture) about or concerning the President or Acting President if the person knows or realises that there is a risk or possibility of
endangering feelings of hostility towards or causing hatred, contempt or ridicule of him/her,
whether in his/her official or personal capacity.
Similarly, the General Laws Amendment Bill seeks to tighten POSA by increasing the penalties against journalists convicted for publishing statements that insult or undermine the authority of the President.

Ultimate control – ‘Mediagate’
The Zimbabwean government’s overt strategy to silence the independent media in Zimbabwe
is well documented and has its public face through a range of repressive media laws. However,
the Zimbabwe Independent uncovered in September 2005 the government’s clandestine strategy to effect ultimate control over media. It revealed that the Central Intelligence Organisation
(CIO) had bought controlling shareholding in three privately owned newspapers namely the
Daily Mirror, the Sunday Mirror and the Financial Gazette, using taxpayer funds. This leaves
three financial weeklies – The Financial Gazette, Zimbabwe Standard and Zimbabwe Independent – as the only truly privately owned publications following the closure of the Daily
News, Daily News on Sunday, Tribune and The Weekly Times.
The Zimbabwean government already controls a chain of newspapers under the Zimpapers
stable, and enjoys a monopoly of the airwaves. Mission accomplished.

Conclusion: not all bad news
MISA Mozambique announced in November that it had completed a draft bill on freedom of
information, ready to be considered by the country’s parliament. The bill will ensure access to the
data held by the public administration, or by private bodies that provide public services.
So This Is Democracy? 2005

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Media Institute of Southern Africa

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