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HH 29-2007
HC 1786/06
ASSOCIATED NEWSPAPERS OF ZIMBABWE
and
MEDIA AND INFORMATION COMMISSION
versus
MINISTER OF INFORMATION AND PUBLICITY
HIGH COURT OF ZIMBABWE
GOWORA J
HARARE, 15 October 2006 and 9 May 2007

Opposed Court Application
Advocate E Matinenga, for the applicant
Ms Chizodza-Chinounye, for the 1st respondent
Mr Mutsonziwa, for the 2nd respondent
GOWORA J: The applicant is a company which is duly registered as such in accordance with
the laws of this country. It is indisputably a mass media provider. The applicant was the publisher of
two newspapers, The Daily News, which was a daily newspaper and The Daily News on Sunday. It
is not registered in terms of the Access of Information and Protection of Privacy Act [Chapter
10:23] (AIPPA) as a mass media provider and is thus not publishing the newspapers concerned. It
has launched these proceedings for an order that it be deemed to be registered in terms of the Act.
However, before I delve into the merits of the application, I must deal with an application by the
respondents.
The respondents have filed chamber applications seeking an order for leave to file
supplementary affidavits after the applicant had filed its replying affidavit. The rules are clear that no
other affidavits shall be filed after the answering affidavit unless the court or a judge has given leave.
An applicant who wishes to be granted leave to file affidavits in addition to those allowed by the
Rules must give a satisfactory explanation for the need to file the affidavit. There must be a
satisfactory explanation as to why the information being sought to be placed before the court was
omitted from the earlier affidavits. The discretion is that of the court whether or not to allow the
affidavits to be filed, and in its exercise of this discretion the court is guided always by principles of
fairness and the need to ensure that the other parties to the dispute do not suffer prejudice as a result
which cannot be cured by the award of an order for costs. The applicant must also establish the bona

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