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

Harassment and intimidation of journalists and assaults
officials who expose the government’s failures
in handling the pandemic. The attacks have
also been from supports of the ruling party
who are against political campaigns during
the subsistence of pandemic. 38In Malawi, a
journalist Macmillan Mozeyo of Ufulu FM was
assault by four unknown people in Chikwawa
over a Covid-19 story that he had authored. In
the story, Mozeyo quoted a Covid-19 patient who
lamented the manner in which he was treated.39

In Botswana, the Emergency Powers Act that was
passed in the context of the Covid-19 pandemic
to enable the president to rule by decree. The
Act also proscribes journalists should report on
Covid-19 based on information that is furnished
by the director of health services or the World
Health Organisation only. Contravening this
law attracts a fine of $10,000 or a five- year jail
term.36In this way, criticising the government
could be viewed as a criminal offence. There
are many aspects of the pandemic that deserve
public scrutiny and may not necessarily fall
within the purview of the director of health
services or the World Health Organisation.
For example, the use of public funds that are
meant for the government’s response to the
pandemic. The government has places itself
above public scrutiny yet it is accountable to
the public. The heavy punishment is too steep
and prohibitive and might scare away those
that might information that is the in the public
interest but not based on the recommended
sources.

In South Africa, during the commencement of
the lockdown, several journalists were assaulted,
harassed and threatened by members of the
by the South African National Defence Force
(SANDF) and the South African Police Services
(SAPS).40Examples include a News24 journalist
that was shot at in Yeoville, Johannesburg and the
confiscation of a Weekend Argus photographer
had her cellphone in Capricorn Park, Cape Town.
In May, a community journalist Paul Nthoba,
was forced to flee his home town in South Africa
to Lesotho out of fear for his life after he was
brutalized by police in Ficksburg, Free State after
he filmed the police overzealous enforcement of
the Covid-19 lockdown. Recently, there was also
the despicable experience of News24 journalist,
Jenni Evans who suffered injury after she
had rocks thrown at her car and got her cell
phone stolen while on duty covering protests

In Lesotho, the regulations state that media
houses or journalists will be arrested and their
media houses might be shut down for sharing
‘misleading information’. 37 In Zambia, the
clampdown on the media has been witnessed
by Radio stations that host opposition party

36 Civicus Monitor: ‘Authorities Accused of Abusing Covid-19 Restrictions to Stifle Expression despite Improved Ranking’ 30 June
2020 https://monitor.civicus.org/updates/2020/06/30/authorities-accused-abusing-covid-19-restrictions-stifle-expressiondespite-improved-ranking/ (accessed 20 July 2020).
37 ‘Alert: Lockdown order by Government of Lesotho’ (2020) https://ls.usembassy.gov/alert-lockdown-order-by-government-of- lesotho/
(accessed 27 July 2020).
38 S Sishuwa ‘In Zambia, Covid-19 has claimed democracy, not human life 15 Jun 2020 https://mg.co.za/africa/2020-06-15-in- zambiacovid-19-has-claimed-democracy-not-human-life/ accessed 20 July 2020).
39 ‘UFULU FM Journalist Assaulted over Covid-19 Reporting’ 23 Apr 2020 https://malawi.misa.org/2020/04/23/journalist- macmillan-mozeyo-assaulted-by-unidentified-people/ (accessed 20 July 2020).
40 SANEF: ‘SANEF concerned about attacks by security forces during day one of the Covid-19 Lockdown’ 28 March 2020 https://sanef.
org.za/sanef-concerned-about-attacks-by-security-forces-during-day-one-of-the-covid-19-lockdown/ (accessed 20 July 2020).

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