ANALYSIS OF COVID-19 REGULATIONS VIS-À-VIS FREEDOM OF EXPRESSION IN THE SADC REGION

emphasised that in the Covid-19 crisis the media
is an important national asset and necessity. For
this significant role, the media is classified as an
essential service.30 The media provides relevant
information about the pandemic and essentially
informs, enlightens, empowers and brings hope
to citizens and stakeholders. In view of the
proliferation of false news during the pandemic,
quality journalism could also contribute to a
reduction of misinformation and the negative
impact of false news. The South African National
Editors’ Forum (SANEF) welcomed the essential
services status and noted that it is important that
journalists are allowed to do their work without
hindrance from the authorities.31

continued to face several challenges in carrying
out their work. Some countries the media
has been under siege and targeted. Deprose
Muchena, “from Madagascar to Zambia, we have
seen governments criminalising journalists and
shutting down media outlets that are perceived to
be calling out poor government responses to Covid19.”34 The safety of journalists is a human rights
principle that is enshrined in international law.
States have an obligation in terms of Principle
20 of the Declaration of Principles on Freedom
of Expression and Access to Information in
Africa to guarantee the safety of journalists
and other media practitioners through adoption
of “measures to prevent attacks on journalists
and other media practitioners, including
murder, extra-judicial killing, torture and other
forms of ill-treatment, arbitrary arrest and
detention, enforced disappearance, kidnapping,
intimidation, threats and unlawful surveillance
undertaken by State and non-State actors.”35 The
following examples of the clampdown on the
media during the pandemic are illustrative of
how governments in the SADC region reneged on
their human rights obligations of guaranteeing
freedom of expression including the media
freedom.

Other SADC countries have also classified media
as an ‘essential service’ in the wake of Covid19. Botswana also deemed the media as providing
an ‘essential service’ during the lockdown and
therefore allowed the movements of journalists
to give them access to be on the frontline of
reporting compliance of the Covid-19 measures
instituted by the government. 32 In Namibia,
although not classified as providing an essential
service, the media was classified as providing a
‘critical service.33

Violence against the media
Despite the classification of the media as
providing as ‘essential’ service, journalists have

30 ‘Government on media reporting during Coronavirus COVID-19 lockdown period’ (2020) https://www.gov.za/speeches/governmentmedia-reporting-during-covid-19-lockdown-period-26-mar-2020-0000 (accessed 27
July 2020).
31 ‘Journalists ‘essential service’ amid Covid-19’ (2020) https://rekordeast.co.za/239230/journalists-essential-service-amid-covid- 19/
(accessed 27 March 2020).
32 M Galeragwe ‘Botswana: Media responsible for shaping our future’ (2020) https://allafrica.com/stories/202006230258.html (accessed
27 July 2020).
33 C Ngatjheue ‘Essential services explained’ (2020) https://www.namibian.com.na/199562/archive-read/Essential-services- explained
(accessed 27 July 2020.
34 Amnesty International Director for East and Southern Africa; ibid
35 Declaration, principle 20.

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