SECTOR 1

Freedom of expression, including
freedom of the media, is effectively
protected and promoted.
1.1 Freedom of expression, including freedom of the
media, is guaranteed in the Constitution and supported by other pieces of legislation.
Zimbabwe’s new constitution (Act 20 of 2013) guarantees freedom of expression
and of the media in Chapter 4 under ‘Fundamental Human Rights and Freedoms’.
Article 61(1) of this chapter states that:
(1) Every person has the right to freedom of expression, which includes—
(a) freedom to seek, receive and communicate ideas and other information;
(b) freedom of artistic expression and scientific research and creativity; and
(c) academic freedom.
With respect to freedom of the media, Article 61(2) states:
(2) Every person is entitled to freedom of the media, which freedom includes
protection of the confidentiality of journalists’ sources of information.
Although these freedoms are guaranteed in the constitution, they are not fully
supported by other pieces of legislation, which are yet to be aligned with the
new constitution. On the contrary, several existing laws “take away from the real
exercise of freedom of expression.”
“Section 61 conflicts with other legislation such as the AIPPA (Access to
Information and Protection of Privacy Act) and POSA (Public Order and Security
Act), and there have been no deliberate efforts to align.” “There’s merely been
talk of harmonising supporting legislation with the Constitution. But it’s all talk,
and no real action.” No timeframe has been set for the harmonisation of these
laws to take place.
A panellist remarked that it was important that a distinction be made between
‘constitution’ and ‘constitutionalism’. “We have a brilliant constitution with a
beautiful bill of rights, but the extent to which these freedoms are enjoyed by
citizens is a different thing altogether. We might cry foul that the laws need to
be aligned and so on, but the biggest worry is that the powers that be should
guarantee citizens adherence to the constitution.”
Despite the fact that Section 2 of the constitution guarantees the supremacy of
the constitution, “the mere presence of statutes that conflict with the constitution

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AFRICAN MEDIA BAROMETER ZIMBABWE 2015

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