and Banjul Declaration on the Principles of Freedom of Expression in Africa,
which guarantee and protect freedom of
expression.
The retention and increased application of these laws is therefore emblematic of intolerance to media freedom and
freedom of expression and determination on the part of public officials to instil fear and self-censorship in the media.
Criminal defamation laws have no
place in modern democracies and should
thus be scrapped. In modern and civilized
democracies complaints against the media are handled by self-regulatory bodies
such as the Voluntary Media Council of
Zimbabwe or through civil courts as opposed to criminalising a profession that
is key to the exercise and enjoyment of
fundamental human rights.
This calls for the urgent repeal of
provisions on criminal defamation as enshrined in the Criminal Law (Codification
and Reform) Act as these laws impinge
on the fundamental right to seek, access,
receive, impart and share information on
issues of public interest.
The cases in question relate to the
court case against The Standard editor
Nevanji Madanhire, reporter Patience
Nyangove and the publishing company’s
human resources manager.
Stanley Gama, editor of the Daily
News and his deputy Chris Goko are also
facing a $25 million criminal defamation
suit. Gama and Goko were arrested and
detained at Harare Central Police station
on 8 October 2012 over a story alleging
that the disappearance of businessman
Munyaradzi Kereke’s family was a hoax.
The two who spent four hours at the

police station, were released after signing warned and cautioned statements
in which they denied Kereke’s criminal
defamation charges.
Other cases involved Dennis Kagonye editor of The Weekly Mirror and
journalist Nhau Mangirazi. Kudakwashe
Matura, a community news activist was
remanded to December 12 for trial on
criminal defamation charges. Matura
was later acquitted of the charges.
The year under review also saw an
increase in the number of citizens being
arrested for allegedly insulting the President – a development which only serves
to curb free expression and impacts
negatively on the media’s watchdog role
over the three arms of the state.
The Zimbabwe Lawyers for Human
Rights (ZLHR), said it was representing
more than 50 individuals arrested and
taken to court in terms of Section 33
of the Criminal Law (Codification and
Reform) Act which deals with undermining the authority of or insulting the
President.



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The right to freedom of expression,
media freedom and of access to information is enshrined in a number of international and regional instruments,
which Zimbabwe has acceded to.
Thus, by acceding to the instruments,
Zimbabwe is obliged to uphold these
provisions through its legislative framework. In other words, Zimbabwe’s laws
on free expression, access to information and media freedom should conform
to the benchmarks set by these regional




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