The two journalists were charged after they published a story titled: Activists abductors named. The story
proceeded to name senior police officials who allegedly abducted MDC-T activists and Zimbabwe Peace
Project director Jestina Mukoko.
Without dwelling much into the matter since it is subjudice following the subsequent filing of opposing
heads of arguments by the Minister of Legal and Parliamentary Affairs Emmerson Mnangagwa, it is noted
that several journalists and citizens have been arrested over the years for alleged breach of the
Presidential insult laws.
As for Professor Moyo’s statements as noted earlier in this report on the need to repeal criminal
defamation, MISA-Zimbabwe is of the very strong view that the issue of media reforms should be done in a
holistic manner as opposed to nebulous piecemeal approaches.
While the minister’s intentions are positive, it should be noted that the same act contains other provisions
that still criminalise expression, which should be repealed too. These are:
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section 95 which provides for the offence of criminal insult
section 31 which provides for the offence of publishing or communicating false statements
prejudicial to the State
section 33 which deals with the offence of undermining authority of or insulting the President

Zimbabwe as a state party to Article 9 of the African Charter on Human and Peoples Rights and its
Declaration on the Principles of Freedom of Expression in Africa, has no excuse in continuing to cling to
these repressive and anachronistic laws.
These laws serve to instil fear and self-censorship among journalists and the generality of citizens thereby
curbing free flow of information and public accountability and transparency.
The need to do away with laws such as criminal defamation and presidential insult laws is of imperative
urgency given the new constitutional dispensation and the African Commission on Human and Peoples
Rights’ Special Rapporteur on Freedom of Expression and Access to Information Advocate Pansy Tlakula’s
push for the decriminalisation of free speech.

v Print Media
At least 85 media organisations have been registered by the statutory Zimbabwe Media Commission (ZMC)
since its formation in 2009 thereby expanding the country’s media diversity spectrum and presumably,
citizens’ access to diverse views and opinions.
The latest entrant into the print media market, was marked by the launch of The Zimbabwe Mail which hit
the streets on 9 December 2013.

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