Zimbabwe
Chapter 12:06 (BSA), Criminal Law Amendment Act to restrictive
pieces of legislation. These Acts make it difficult to assert the constitutional right to freedom of expression as they override it.
The judiciary also plays a vital role in the advancement or restriction of freedom of expression. A judiciary which is sympathetic to
freedom of expression and media freedom can interpret the constitutional provisions to include all aspects of free expression including
media freedom and other forms of communication. An example of
such liberal interpretation of the freedom of expression clause can
be found in how the Supreme Court stretched the interpretation
to include the freedom to communicate without the restrictions of
monopolistic telecommunications laws. The Supreme Court therefore struck down as unconstitutional telecommunications legislation
which gave the government monopoly in the telecommunications
sector on the basis that the monopoly restricted free communication and therefore free expression in Zimbabwe.
The current Supreme Court, which is composed of partisan judges,
however, does not interpret the constitutional provisions on freedom of expression in a liberal and favourable manner. When The
Daily News was closed down by the state, the then Minister of Information, Jonathan Moyo, argued in court that “freedom of expression is guaranteed, not freedom of the press”. Instead of following
the liberal and all inclusive interpretation of freedom of expression,
the current Supreme Court considered that the “dirty hands” doctrine was so important as to override freedom of expression. The
Daily News was closed for not having registered with the Media and
Information Commission (MIC) as provided for under AIPPA. The paper should also have registered before going to the court – without
such registration the paper would have “dirty hands”.
In the 17th Amendment of the Constitution, lawmakers added a
unique standard for measuring the legitimacy of freedoms and arguably that of expression, i.e. through the determination of wheth4

African Media Barometer - Zimbabwe 2006

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