on the Principles of Freedom of Expression in Africa, among others. A diverse, free and
unhindered media as envisaged under the Windhoek Declaration is critical to the
democratisation process, peace, stability and economic development especially in the
Zimbabwean context where urgent solutions are required to deal with the economic meltdown.
MISA-Zimbabwe’s theme for the World Press Freedom Day celebrations, Media Freedom
Remains on the Agenda. We Demand a Constitution that Protects Media Freedom, was
therefore well-considered and realistically framed in the context and realisation that only an
independent, free and pluralistic media can effectively play its role in democratic processes that
inform national reconstruction and healing. It is only through a constitutional provision that
explicitly and unequivocally protects media freedom that the media will be firmly anchored and
positioned to undertake its ethical and responsible obligations of informing the citizenry without
fear of falling foul of AIPPA, POSA, BSA, Criminal Law (Codification and Reform) Act and the
Interception of Communications Act and any other nefarious laws intended to suppress media
freedom and freedom of expression, association and assembly.
A constitutional provision guaranteeing media freedom and the right to access information will
render the obtaining restrictive laws unconstitutional and safeguard against enactment of such
legislation in the future. Would-be investors in the print media sector will be guaranteed
security on their investments notwithstanding the potential for employment and economic
growth.
Effectively, media freedom remains on the agenda in so far as adherence to the principles of
the Windhoek Declaration is concerned.
v Broadcasting and Telecommunications
Regulatory Framework

On 11 January 2008 President Robert Mugabe signed into law the Amendments to AIPPA,
POSA and BSA which had been passed by Parliament in December 2007. The amendments to
the BSA for instance were more of an administrative nature as opposed to advancing the
principles of the African Charter on Broadcasting. While the responsible minister was stripped
of his powers to appoint members of the Broadcasting Authority of Zimbabwe, the executive
still retains immense influence on BAZ thereby compromising its independence. In terms of
clause 5 of the amended BSA the appointment functions were transferred to the President who
has the power to appoint nine members to the BAZ after consultation with the Minister and
Parliamentary Committee on Standing Rules and Orders.
Fundamentally the amendments still retain restrictive provisions on issues relating to foreign
funding and ownership in the otherwise capital intensive broadcasting sector. In terms of
foreign ownership and directorship, this will be decided at the absolute discretion of the Minister
without any well defined criteria.
The government’s intention through its continued reluctance to repeal or amend certain
sections of the BSA to allow for the entry of private players into the broadcasting sector is
solely designed to maintain its grip on the state-controlled Zimbabwe Broadcasting Corporation
(ZBC) thus closing the industry to alternative and dissenting voices. This is evidenced by the
firing of ZBC chief executive Henry Muradzikwa after the 29 March 2008 elections.

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