Zimbabwe – Ready for Elections?
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the resignation of then President Hosni Mubarak. He was discharged at the end of the
state case after the prosecutor failed to provide evidence of the Facebook post.
The lawyers – A human rights lawyer was charged with insulting the office of the
President after asking a Public Prosecutor why he continued to prosecute – thereby
persecuting – activists from a certain political party for sloganeering mentioning the
incumbent’s name.
The investigative journalist – A female journalist called a Chief to enquire about alleged
cased of violence in his area. He did not respond to her questions and went on to report
her for issuing threats against him.
3.7.1.2 Regulation of the media
The Zimbabwe Media Commission (ZMC) is the body that is responsible for regulating
the media in Zimbabwe, and has the sole mandate of registering and accrediting
journalists.80 The President appoints the Chairperson after consulting the Parliamentary
Committee on Standing Rules and Orders,81 and eight Commissioners are appointed
from a list of twelve nominees submitted by the Parliamentary Committee on Standing
Rules and Orders.82 The current ZMC was constituted according to the Lancaster House
Constitution.83 Nothing much has changed and in any event the ZMC has not been
reconstituted. Appointments to ZMC are still the preserve of the executive, thereby
compromising the independence of the members against the spirit of the Windhoek
Declaration that expressly states that an independent press is one that is free from any
form of interference by the government.
3.7.1.3 Registration of media houses
Print – Newspapers and news agencies have to be registered by the ZMC. They can be
registered for a period of two to five years.84 However, ZMC may only register a
newspaper in which Zimbabwean citizens have a controlling interest.85 The amendment,
like the amended Broadcasting Services Act, also empowers the Information Minister, in
his absolute discretion, to grant an exemption from this provision and permit ZMC to
register a newspaper approved by the Minister in which the controlling interest or any
portion thereof is held by persons who are not citizens of Zimbabwe.86 However, no
criteria is specified for the exercise of this Ministerial power. A politically partisan
Information Minister could therefore exempt newspapers that are favourably inclined
towards government. This provides unacceptable discretion which cannot be
challenged, whilst expressly discriminating against deserving non-nationals, in violation
80 Section 66& 66A of AIPPA.
81 Section 248(1) of the Constitution of Zimbabwe Amendment (No 20)
82 The Commissioners in the current ZMC were appointed according to the provisions of section 100N of
the Constitution as amended by Constitutional Amendment No. 19.
83 As above.
84 Section 66 of AIPPA.
85 Section 65 of AIPPA.
86 Section 65(4) of AIPPA.
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