Zimbabwe
The Media Defence Fund project has provided great relief to many journalists as government has
resorted to litigation to intimidate journalists. MISA Zimbabwe believes that this is a deliberate
plan to make media houses incur heavy legal costs that would eventually force them out of
business. The Media Lawyers Network (MLN) has also assisted many journalists, especially
those outside Harare. The members of the MLN have also actively participated in MISAZimbabwe advocacy activities.
However, there were very little achievements in terms of media law reform. The period under
review witnesses a dramatic increase in media attacks from the state that culminated in the
closure of The Daily News on 12 September. The long awaited judgments on Capital Radio (Pvt)
Ltd and IJAZ cases were handed down on 21 September 2003 and 5 February 2004 respectively.
Both were a blow to media freedom. Although the Court declared that sections 6 and 9 of the
BSA were unconstitutional (section 6 made Minister of Information the licensing authority and
section 9 allowed only one other TV station after the ZBC), many of the repressive clauses were
declared constitutional. In the IJAZ case, the Supreme Court declared that most sections
challenged are constitutional. Most worrying in that judgment is that practising journalism
without accreditation is a criminal offence. This leaves no room for further litigation by
journalists in this area. The ANZ Supreme Court challenge was heard on 3 March 2004 and
judgment was reserved. This is also worrying because the Supreme Court has been taking very
long to pass judgments on important constitutional matters.

MISA Annual Report (April 2003 – March 2004)

94

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