Zimbabwe – Ready for Elections? 53 2011, following a call for applications for national commercial radio licences by BAZ. VOX was not granted the licence although two other stations - Zimpapers Talk Radio and AB Communications - successfully received national free to air commercial licences from BAZ. The process appeared not to be transparent and VOX has since filed court process that will enable it to challenge the refusal to grant it a licence by BAZ.91 The opening of the airwaves is thus regarded as being a crucial prerequisite for the holding of free and fair elections as emphasised by the African Commission’s ‘Declaration of Principles on Freedom of Expression in Africa (African Commission Declaration).92 The African Commission Declaration encourages states to accommodate a diverse, independent private broadcasting sector and stipulates that state monopoly over broadcasting is not compatible with the right to freedom of expression.93 It is clear, however, that although Zimbabwe has to some extent fulfilled its obligations to accommodate private broadcasting – for radio, but not television as in accordance with the African Commission’s Declaration - it is only limited to radio stations. There are two radio stations – Star FM and ZiFM; one of them is owned by a ZANU PF candidate in the elections, whilst the other is owned and controlled by Zimpapers state media. 3.7.1.4 Accreditation of Journalists Eligibility – Generally, only Zimbabwean citizens and permanent residents can be accredited as journalists. However, the ZMC has been given discretion to accredit nonZimbabwean journalists for a maximum period of 60 days, which period can be extended for a further period for good cause shown or to enable a journalist to work for the duration of any event he or she has been accredited to cover.94 There are no criteria for the exercise of this discretion, and it remains to be seen how it will be exercised. Journalists who are Zimbabwean citizens and permanent residents still need accreditation from ZMC if they are employed on a full-time basis by registered newspapers. To obtain this accreditation they have to comply with the prescribed formalities and possess the prescribed qualifications. Unaccredited journalists can operate, but they are subject to severe restrictions. They cannot work on a full time basis for a newspaper or news agency operating in Zimbabwe, and they are not allowed access to Parliament and public bodies or to facilities allowing proper coverage of national and public events.95 Election day coverage - In terms of coverage of election-related activities, the Electoral Act does not require a journalist to be accredited unless they want to enter polling stations. However, if s/he is to access national and other events, accreditation is a prerequisite, effectively making it imperative for a journalist to be accredited, despite what 91 Vox Media Productions Pvt Ltd t/a Radio VOP v Broadcasting Authority of Zimbabwe & 2 Ors unreported Adminstrative Court case number BA 3/2012, BA 4/2012. 92 Adopted at the 32nd Session of the African Commission 17-23 October 2002. 93 Part V(2) of the African Commission Declaration. 94 Section 79(4) of AIPPA. 95 Sections 78 and 79 of AIPPA, as amended.

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