1 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 1