of an independent converged broadcasting, ICT, cellular and telecommunications regulatory
authority.
The long term viability of the broadcasting, telecommunications and ICT sectors lies in securing
the independence of their regulatory frameworks. The argument for the independence of
regulators in the field of telecoms, broadcasting and technological convergence is guided by
several regional and continental covenants such as the African Charter on Broadcasting (ACB),
Declaration on the Principles of Freedom of Expression in Africa and the SADC Protocol on
Culture, Information and Sport.
Need for an Independent Regulatory Authority.

The Independent Communications Authority of South Africa (ICASA) is hailed as a model
independent regulator on the continent. It is MISA-Zimbabwe’s argument that the manner in
which the Zimbabwean regulators namely the Broadcasting Authority of Zimbabwe (BAZ) under
the BSA, the Posts and Telecommunications Regulatory Authority of Zimbabwe, and Media
and Information Commission under AIPPA, are constituted makes them susceptible to direct
political interference. AIPPA through the MIC imposes statutory regulation in breach of the
Banjul Declaration on the Principles of Freedom of Expression in Africa while BAZ is hostage to
the whims and dictates of the Executive in violation of the African Charter on Broadcasting.
These bodies need to be replaced by a truly independent communications regulator that will
oversee these sectors. This new regulator’s independence must be guaranteed by the law and
must have financial, structural and functional independence in order to regulate the sector
effectively and impartially for the development of the ICT sector to be guaranteed.
Access to Information

Regulation should only be undertaken for purposes of promoting freedom of speech and
access to information. The extent to which a country is said to be democratic is the extent to
which it is seen to actively promote free expression and communication between the people
and their leaders through such institutions as the media.
One of the ways of promoting free expression and communication is through the creation of an
enabling environment for media freedom through, among other considerations, establishing a
truly independent regulator to regulate the country’s communications sector in the public
interest, free of any political, commercial or individual self-interest.
The government in general in its quest to come up with a national ICT Bill should be guided by
the following principles that govern the operations of independent regulatory bodies:
· there should be clear separation of powers, with the government being responsible for
policy development, an independent body being responsible for the implementation of
policies and regulating the sector whilst privately owned media concentrates on service
provision.
· regulation should be done in the public interest, with the aim of: creating and
maintaining order in the sector, establishing fair competition and quality service,
promoting free speech, access to information as well as consumer protection.
· providing distinct legal mandate of the regulator’s duties and responsibilities, free of
ministerial, commercial or private control.

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