Davidson and Purohit: The Zimbabwean Human Rights Crisis: A Collaborative Approach to International Advocacy
YALE HUMAN RIGHTS & DEVELOPMENT L.J.
[Vol. 7
The POSA has also been used along with the Access to Information
and Protection of Privacy Act (AIPPA) to stifle independent reporting by
the press about the situation in Zimbabwe. Journalists in Zimbabwe are
required to register with a largely government-appointed media
commission under the terms of the AIPPA, or face criminal prosecution.
Several provisions of the AIPPA have been challenged in the courts, and on
May 7, 2003, the Supreme Court ruled that an article which criminalized
"publishing falsehoods" violated the constitutional protection of freedom
of expression.
Media workers continue to be threatened, attacked, arrested, and
prosecuted, and foreign journalists have been labeled by the government as
spies and forced to leave the country. Journalists have also been among the
victims of serious physical abuse. The main independent daily newspaper
had its offices attacked on several occasions and was eventually shut down
by the police as it tried to continue publishing without being registered
under the terms of the AIPPA. 27 During public strikes held in March and
June 2003, journalists covering the protests were arrested and physically
assaulted, as well as having equipment confiscated.
Moreover, civil society groups and Zimbabwean citizens are unable to
rely upon the courts to vindicate their rights, due to the subversion of the
judiciary by the government in recent years.28 An independent judiciary is
key to ensuring the rule of law in any society, and in Zimbabwe the
judiciary has come under increasing governmental pressure since early
2000. Through general intimidation as well as specific threats, several
senior judges who demonstrated their independence from government
influence have been removed. In early 2001, Chief Justice Anthony Gubbay
was among those forced to step down. In March 2002, another Supreme
Court judge known for his independence, Judge Ahmed Ebrahim, also
announced his resignation, only days after issuing a ruling that declared
President Mugabe's electoral amendments prior to the presidential election
illegal.
Judges and magistrates have also been physically attacked and
arrested. In August 2002, a magistrate in Chipinge was assaulted by a mob
of so-called war veterans after he handed down a ruling in favor of two
Movement for Democratic Change members. In September, former High
Court Justice Fergus Blackie was arrested and detained for several days,
without adequate food, clothing and necessary medication, in apparent
retaliation for an earlier ruling in which he had found the Minister of
27 The Associated Newspapers of Zimbabwe, which publishes the independent
newspaper, the Daily News, challenged the constitutionality of the provisions of the AIPPA
requiring registration. However, in September 2003, a court ruled that the ANZ had no
standing to bring a constitutional challenge if it didn't first register with the media
commission. The ANZ then sought to register the Daily News, but its application was denied
by the media commission and police occupied its offices and confiscated equipment. At the
time of writing, the Daily News remained unable to publish.
28 See Legal Resources Foundation, Justice in Zimbabwe, Sept. 30, 2002 (on file with the
authors).
Published by Yale Law School Legal Scholarship Repository, 2004
11
Select target paragraph3
Add to table of contents