13 SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020 Namibia’s Access to Information Bill is currently still pending. In this regard, the state has withheld public information on the premise of “national security”, forcing media houses to seek legal redress. In 2019, Namibia’s Supreme Court ruled that the government could not use national security as a pretext for preventing the courts from deciding whether the media could reveal certain information. The state has also been accused of providing preferential treatment to state owned media and denying access to private media. It was reported that during the Covid-19 lockdown, the Namibian Broadcasting Corporation received privileged access to government press conferences (11). In April 2019, a judge in Eswatini banned the publication of investigative news articles detailing how Farmers Bank was issued an operating licence under unclear circumstances, on grounds that documents used in the news articles were unlawfully obtained and, therefore, could not be used, even in the interest of the public. In Zimbabwe, despite the enactment of the Freedom of Information Act, the state has made moves to infringe on privacy rights of the citizens. In March 2020, the Zimbabwe National Army Commander Lieutenant-General Edzai Chimonyo said that the military “would soon start snooping into private communications between citizens to guard against subversion, as social media has become a threat to national security”. The Cybersecurity and Data Protection Bill has been faulted for failing to meet international standards and best practices in as far as guaranteeing these rights; and for the lack of safeguards for whistleblowers who expose individuals in the public interest. Zambian Minister of Information and Broadcasting Services, Dora Siliya CREDIT: DORA SILIYA via TWITTER On 19 March 2019, the Zambian Minister of Information and Broadcasting Services, Dora Siliya tweeted that the cabinet had approved the Access to Information Bill aimed at proactive and organised dissemination of information. However, the Bill is still pending, while the government continues to stifle media entities. In April 2020, the government of Zambia withdrew the broadcasting licence of Prime TV. The Independent Broadcasting Authority argued that the closure was necessary for the protection of public safety, security, peace, welfare and good order. This followed a 30-day suspension in March 2019 on grounds of “unprofessional elements, unbalanced coverage, opinionated news, and material likely to incite violence and use of derogatory language”. The closure of the media house denies citizens information and defeats the Information Ministry’s agenda to “facilitate the development of the media industry in order to enhance the free flow of information and freedom of expression for national development.” The Information Minister refused to restore the licence on grounds that the station’s licence had expired prior to its cancellation, despite their assertion of prior renewal. ASSESSMENT Through enactment of an access to information policy and legal framework, Malawi recognizes the importance of the fundamental right to access to information as protected under the African Charter and other international human rights laws and standards. This is enunciated under Principle 1 of the Declaration of Principles on Freedom of Expression and Access to Information in Africa, which urges States to ensure the respect, protection and fulfilment of access to information rights as it is crucial and indispensable for the free development of the human person, the creation and nurturing of democratic societies and for enabling the exercise of other rights. Further, Malawi is in compliance with Principle 26, which provides that the right of access to information shall be guaranteed by law. However, it is not enough to have an access to information legal framework. It is incumbent upon States to ensure the proper implementation of these laws, without unnecessary and illegal restrictions. Principle 26 (1) of the Declaration enshrines every person’s right to access information held by public bodies and relevant private