Nature of violations
Selective application of Zimbabwean law placed severe restrictions on speech and advocacy activity,
particularly those that were or are perceived as being critical of government policy or focused on
politically unpopular causes. Organizations engaged in advocacy operated within an environment
that is riddled with numerous restrictions on free expression. Arrests, raids, threats, and the
malicious prosecution of journalists, political activists and civil society organization operatives
were prevalent.
Case histories
• On 11 May, two independent journalists, Vincent Kahiya and Constantine Chimakure,
were arrested and charged for publishing an article which was allegedly ‘wholly or
materially false with the intention to generate public hostility towards the police, the
military and the prison service’.
• On 5 August, four student leaders from the Zimbabwe National Students Association
(ZINASU) – Clever Bere, Kudakwashe Chakabva, Archieford Mudzengi and Brian
Rugodo – were arrested at the University of Zimbabwe for distributing T-shirts. They
were charged with contravening the Criminal Law Code. They were released on bail on
7 August.
4.3.2 Violations of media rights and access to information
Violations of conventional regional and internationally accepted media rights and means of access
to information for reasons that are not in the public interest.
Policy
The Zimbabwe constitution promotes freedom of expression, which, however, is hampered
by interference and the implementation of strict media laws. There is a private press that is
independent of state control of editorial policies. The 2002 Access to Information and Protection
of Privacy Act (AIPPA) restricts journalism. The repeal of these strict laws was not effected by
year end, despite concerted efforts by civil society organizations.* The state media retained biased
reporting.
Nature of violations
Media regulations remained restrictive, with steep and prohibitive application and registration
fees of more than US$32,000 for foreign-based media houses and US$4,000 for local journalists
working for these foreign media houses. Hate speech was spewed out by the state media, regardless
of policy provisions prohibiting the practice. The privately owned media was forced into selfcensorship to avoid victimization through the enforcement of AIPPA.
The media landscape showed an absence of clearly spelled-out constitutional provisions that
guarantee media freedom.
* See ACHPR Communication 294/2004, on the Andrew Meldrum case, adopted during the 6th Extra-Ordinary
Session of the ACHPR, Banjul, The Gambia, April 2009. <http://www.achpr.org/english/Decison_Communication/
Zimbabwe/Comm.294-04.pdf>.
Zimbabwe Human Rights Report – 2009
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