demned by media stakeholders who said it was a replica of AIPPA, which criminalises the profession and retains provisions that are still undemocratic and hinder freedom of expression. Statutory regulation of the media under AIPPA and through the Zimbabwe Media Commission (ZMC) remained in force with the Commission, in September 2012, forging ahead with the establishment of the disciplinary media council. The council’s mandate will be to develop and enforce a code of conduct and ethics that will allow the Commission to punish offending journalists and media institutions. It is undemocratic for governments to seek control media activity and deciding on codes of conduct for the industry beyond strictly administrative roles. Such laws can and are used to stifle free debate and silence critical voices in society. Suffice to say this development is in blatant disregard of the Banjul Declaration of Principles of Freedom of Expression in Africa and concerns by the African Commission on Human and Peoples Rights (ACHPR), on the continued retention of laws such as AIPPA. ACHPR Special Rapporteur on Freedom of Expression and Access to Information in Africa Advocate Pansy Tlakula, in November 2012 told Radio VOP in an exclusive interview that Zimbabwe should repeal laws such as AIPPA and POSA which continue to impede media work. “The new constitution will not solve all the problems. Even after the new constitution is put in place, you will still have to deal with all laws that impede expression like AIPPA, POSA and all the other laws that are not in conformity with regional and international instruments that Zimbabwe has ratified,” said Tlakula. The Banjul Declaration explicitly and unequivocally states: Self regulation is the best system of instilling professionalism in the media. This position cannot be interpreted to mean otherwise as it is self-explanatory in its explicitness. Laws such as AIPPA, Broadcasting Services Act, Criminal Law (Codification and Reform) Act, Official Secrets Act, Interception of Communications Act (ICA), only serve to perpetuate state controls on media activity and as tools to muzzle the independent media. 6R7KLVLV'HPRFUDF\" The most favoured tool, it would seem, has been the Criminal Law (Codification and Reform Act), which criminalises defamation. Scores of journalists have been arrested or face prosecution