Zimbabwe – Ready for Elections? 51 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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