Regional overview
and other security organs need to work
out their differences with the media and
stop treating journalists as enemies.
Unfortunately, a slew of police attacks
against media workers in Tanzania followed the announcement. In fact the
very next day, police attacked journalists
attempting to cover a story involving the
Chairman of Tanzania’s main opposition
party, who had been summoned to the
police headquarters in Dar es Salaam.
Josephat Isango, a journalist with the
local private daily newspaper Tanzania Daima; Yusuf Badi, a photographer
with state owned newspaper, The Daily
News; and journalist Shamimu Ausi of
the local weekly paper Hoja, all sustained serious injuries.

FREE EXPRESSION AND THE LAW
When it comes to the legal environment
and its impact on media freedom in
southern Africa, 2014 was a rollercoaster of highs and lows as we experienced
a number of victories for free expression, marred by serious setbacks.
One of the most shocking setbacks for
free expression in southern Africa in
2014 took place in Swaziland – the arrest and sentencing of Bheki Makhubu
and Thulani Maseko, editor and columnist respectively of the independent
Swazi news magazine, The Nation.
Makhubu and Maseko, a human rights
lawyer in Swaziland, were arrested and
detained on the instructions of Chief
Justice Michael Ramodibedi after they
wrote and published two articles in The
Nation’s February and March 2014 editions, criticising Ramodibedi for denying a suspect legal representation and
calling on the judiciary to uphold freedom of expression and the rule of law.
Ultimately, the presiding Judge, Mpen-

12

So This is Democracy? 2014

dulo Simelane, found Makhubu and
Maseko guilty as charged and his judgement and sentencing on 17 July 2014
sent shockwaves amongst Swaziland’s
media fraternity and free expression activists around the world. Simelane levied a hefty fine of US$10,000 on both
the Swaziland Independent Publishers
and The Nation.

Media freedom needs
to be protected in
constitutions, to
hold governments
accountable and
restrictive press
laws that are not
compatible with
the constitutional
provisions can be
challenged.
However, there were also victories to
be celebrated in 2014 – most notably
improvements in the legal landscape
for access to information and the use of
defamation laws against media workers
in the region.
Perhaps the most significant and farreaching victory, was the December ruling by the African Court on Human and
Peoples’ Rights, in the case of Konaté v
Burkina Faso. The African Court on Human and Peoples’ Rights ruled criminal defamation laws cannot include

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