State of the media in Southern Africa - 2003 Press Statement September 23, 2003 TOPIC: Closure of Daily News in Zimbabwe T he Media Institute of Southern Africa (MISA), a regional non-governmental organisation that promotes freedom of expression and media freedom in the SADC region, is deeply concerned about the critical and pernicious media situation in Zimbabwe. MISA views in a serious light the recent closure of the Daily News, the only daily independent newspaper in Zimbabwe, as well as the continued arrest and harassment of journalists by the Zimbabwean police. We regard these actions as a gross violation of media freedom and freedom of expression. Since the enactment of the Access to Information and Protection of Privacy Act (AIPPA) and the Public Order and Security Act in 2002, 62 journalists and media workers have been arrested. None of them have to date been convicted by the courts. In fact, the Supreme Court has nullified sections of AIPPA as unconstitutional. The restrictive AIPPA which forces all media organisations to register or risk being shut down, is unjustifiable and a pretext for the Zimbabwean government’s pursuit to silence the media and control the flow of information. Although the registration of newspapers for administrative purposes is standard practice in southern African countries, the process is administered mostly under the Companies Act and through the Ministries of Trades, Commerce and/ or Industries. In Zimbabwe, however, the media is required to register with the relevant ministries as well as the Media and Information Commission (MIC). Furthermore, the penalties prescribed under AIPPA and the powers afforded to the MIC are not a feature of the law in any of the other SADC countries. In Zimbabwe, for example, the MIC has discretional powers to deny registration to newspapers and other media organisations. In other words, the MIC decides who speaks, when and how. MISA believes this is a violation of freedom of expression as enshrined in Section 20 of the Zimbabwe Constitution. MISA is further concerned that by declaring some journalists nonaccreditable hence unemployable as journalists, the MIC is standing in the way of persons who wish to earn a livelihood through legitimate, professional and non criminal means. This is a serious violation of fundamental human rights that are enshrined in Universal Declaration of Human Rights. MISA calls on the Police and the MIC to allow The Daily News to resume full operation. We note that the Supreme Court in its ruling said that The Daily News must register first before challenging the law. The denial of a license by the MIC is an arbitrary decision that has serious implications for freedom of expression and media operations in Zimbabwe. MISA was among a host of national, regional and international freedom of expression organisations which condemned the passing of AIPPA. We renew our call for the repeal of this oppressive legislation and urge all media organisations, civil society and the international community to intensify their campaign against this unjust and draconian law by vigorously calling for the immediate granting of a license to enable The Daily News to resume publishing. Issued by: Luckson Chipare: Regional Director, Media Institute of Southern Africa 21 Johann Albrecht Street Private Bag 13386, Windhoek, Namibia Tel: +264 61 232975 Fax: +264 61 248016 E-mail: director@misa.org So This Is Democracy? 2003 146 Media Institute of Southern Africa