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

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