The court’s ruling imposes serious obligation on the government to allow for the
transformation of the two public assets for them to exercise their right to editorial
independence in the execution of their professional duties as provided for by the Constitution.
Thus government should take the necessary steps to secure ZBC’s editorial independence and
governance by a board accountable to the public through parliament. In addition, among
other critical measures, policies should be put in place to ensure its protection from
interference or attempts to compromise its independence.
As for Zimpapers, the Zimbabwe Mass Media Trust, which acted as a buffer between the
company and government to protect its editorial independence, should be reconstituted.
Encouraging is the fact that the ministry is seemingly aware of the need for the envisaged
transformation if remarks by the Minister of Information Monica Mutsvangwa, are anything
to go by. Speaking to the new ZBC board the minister urged them to work tirelessly in
transforming the national broadcaster.
She reportedly said it was crucial for ZBC to align itself with the vision and efforts of those
who desire to see the country prosper and flourish for the benefit of all Zimbabweans. The
minister said her ministry was committed to giving ZBC enough space to operate without
undue interference.
Encouraging though was government’s commitment and concession to co-regulation of the
media and that this would be incorporated into the Zimbabwe Media Commission (ZMC) Bill
as acknowledged in its Draft National Media, Communication, Advertising and Film Industry
Policy.
However, these commitments and pledges can only be proved through the text and content of
the proposed legislation and in sync with the constitution and other instruments such as the
African Charter on Human and Peoples Rights’ Declaration on the Principles of Freedom of
Expression and Access to Information.
In that regard, the ZMC Bill has worrying provisions that among others, criminalise
journalism and involve the police in professional investigations. While the Bill acknowledges
co-regulation of the media by extracting the constitutional provision that empowers the
Zimbabwe Media Commission to delegate its functions under Section 249 (1) (e) and (2), to
any regulatory body for media practitioners set up under the law, this is rather vague.
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