The Censorship Act84 has been applied repeatedly to ban all forms of art
perceived to be ‘politically offensive’. The grounds for banning published
material, for instance, are spelt out in sections 13 and 33 of the Act. The
grounds upon which restriction could be exercised have already been
discussed in detail above. The government’s continuing failure and/or refusal
to issue community radio licences to all but commercial operators remains
conduct inconsistent with its international obligations that require it to
facilitate the dissemination of information through all possible channels. The
government is accused of granting licences to applicants with links to stateowned companies or those with government ties.
Amnesty International on 20 May 201585 stated that “Not only have the
government supporters been the only ones to receive licences, but those
attempting to set up independent services have been arrested and targeted
simply for trying to educate, inform and offer a platform for debate. This is a
violation of freedom of expression.”
The Criminal Code creates the crime of criminal defamation and other vague
offences in the form of insult laws such as sections 31 and 33, (insulting the
office of the President) and communicating falsehood. The courts in the case
Nevanji Madanhire and Nqaba Matshazi
v
Attorney-General86 displayed an
unwillingness to completely strike off criminal defamation from the Criminal
Code as it declared that particular case only required the court to look at
criminal defamation in terms of the previous Constitution and went on to
declare the crime unconstitutional in terms of that Constitution.
It is submitted that the Constitutional Court missed an opportunity to advance
the right to freedom of expression by allowing a technicality to limit the scope
of its judgment. It must be stated that nothing prevented the Court from
requiring the parties to address the argument of constitutionality within the
Censorship and Entertainments Control Act [Chapter 10:04]
https://www.amnesty.org/en/latest/news/2015/05/zimbabwe-radio-stranglehold-gaggingfreedom-of-expression/
86 CCZ-02-14.
84
85
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