Contributor [1] Thursday, September 18, 2003-03:00 MEDIA MONITORING PROJECT ZIMBABWE Statement on the closure of ANZ September 15, 2003 The government s forced closure of the offices and printing press of the Associated Newspapers of Zimbabwe (ANZ) represents the climax of the Zanu PF led Government campaign to muzzle alternative opinion using the ill-fated Access to Information and Protection of Privacy Act (AIPPA). The ANZ, which publishes The Daily News and The Daily News on Sunday, was shut down on Friday 12th September 2003 after the Supreme Court ruled that it had to register with the Media & Information Commission (MIC) for its case to be heard in the Supreme Court. ANZ is challenging the constitutionality of sections of AIPPA. MMPZ condemns this campaign against freedom of expression orchestrated by the state using repressive legislation. The Daily News is the latest casualty of AIPPA and government s undemocratic and unjust media policy. Several community newspapers have stopped publishing because of the punitive registration requirements in Statutory Instrument 169C/2002 (Chapter 10:27) of the Access to Information and Protection of Privacy (Registration, Accreditation and Levy) Regulations of June 2002. In addition, several foreign correspondents have been denied the right to practice in the country using the same regulations. The broadcasting sector is no different. Joy TV ceased operations on legal grounds. No alternative broadcasters have been licensed. The latest event serves as a clear indication to the people of Zimbabwe that the laws that were hastily crafted under the guise of promoting freedom of expression rights were actually meant to muzzle rather than promote these rights. MMPZ believes these rights can be reclaimed if Parliament considers a total revision of the policy objectives of AIPPA and its content. Ends For more information, contact the Project Coordinator, 15 Duthie Avenue, Alexandra Park, Harare, Tel/fax: +263 4 703702, E-mail: monitors@mweb.co.zw [2] Zimbabwe Human Rights NGO Forum 16 September 2003 STATEMENT BY THE ZIMBABWE HUMAN RIGHTS NGO FORUM ON THE BANNING OF THE DAILY NEWS The Zimbabwe Human Rights NGO Forum joins its peers in Civil Society in condemning, unreservedly, the banning of the Daily News following a Supreme Court ruling on 11 September 2003 that the paper was operating illegally and in defiance of the draconian Access to Information and Protection of Privacy Act (AIPPA). This diabolical piece of legislation was clearly promulgated to constrain freedom of expression, a right protected, if only on paper, under Section 20 of the Constitution. The Daily News had declined to register with the Media and Information Commission alleging that the legislation, under which this requirement existed, was in itself unconstitutional. The Supreme Court ruled otherwise. The Daily News is the only independent daily newspaper in the country and as such has provided differing viewpoints from these of state- owned newspapers. In perceived reprisal, it has been subjected to three bombings, none of which has been resolved, arrests of editors and staff and destruction of newspapers by ruling party militias, none of whom were arrested. Page 1 of 10
Despite lip service being given to the possible repeal of this draconian and repressive press law by the President himself to the Commonwealth Troika, it remains in place in defiance of domestic and international law and continues to contribute to the undemocratic environment in Zimbabwe. CRISIS IN ZIMBABWE COALITION CLOSURE OF DAILY NEWS A DISGRACE The Crisis in Zimbabwe Coalition is dismayed but not surprised by the forced closure of the Daily News on Friday September 12, 2003. On Thursday September 11, the Supreme Court ruled that Associated Newspapers of Zimbabwe (ANZ), publishers of the Daily News and the Daily News on Sunday was operating illegally, and required the organisation to register as a mass media house in accordance with the provisions of the widely contested Access to Information and Protection of Privacy Act (AIPPA) before ANZ s case on the constitutionality of AIPPA would be heard. In statements published in both the Daily News and the state-controlled newspaper The Herald, ANZ officials were quoted as intending to respect the judgement by registering the paper. However, it was noted that the process of registration itself can be time consuming, and might take several months. Despite these intentions, armed members of the Zimbabwe National Army and the Zimbabwe Republic Police arrived at the offices of the Daily News on the afternoon of Friday September 12 and evacuated the staff from the offices. They did not present a court order, but instead declared that the paper would not be publishing, in either print or electronic form, for the following day. The police have since sealed off the building both for office and production work, effectively incapacitating even ANZ staff members from preparing the paper work necessary for registration. However, officials of the Daily News report that they have not even been given access to the Supreme Court ruling, further comprising their ability to comply with the judgement The Crisis Coalition is concerned by the above-described events for several reasons: 1. The swiftness of the Supreme Court s ruling is surprising. In November 2002 the case of the Independent Journalists Association of Zimbabwe (IJAZ) challenging AIPPA was heard, but judgement still has to be handed down. In contrast, the Supreme Court hastened to make a ruling on the ANZ application. Typically, if the constitutionality of a law is being questioned from several quarters, it is standard practice to stay all judgements until each aspect of the law has been heard, and the judgements can be made concurrently. 2. The forced closure of ANZ by the army and police demonstrates an excessive use of force by the state machinery. Moreover, it is unprocedural for the police to enter a building, detain several officials for questioning and close down a business without producing a Court Order or explaining the legal foundation for their actions. 3. If the Daily News is not allowed to operate or publish, Zimbabweans will be deprived of an alternative source of information. Free media access is a cornerstone of a democratic society. The silencing of the independent press is a blatant attempt by the ruling party to further consolidate its stranglehold on people s access to information. Also, if only one paper is in circulation, this will further contribute to the polarised and dichotomous reporting of the news both about the ANZ story and more general issues to the Zimbabwean people. 4. The Supreme Court judgement represents a worrying endorsement of AIPPA, a law whose constitutionality has been questioned by journalists and civil society actors both within Zimbabwe and across the region. 5. The objectivity of a government run Media and Information Commission (MIC) in debating the operations of the press in Zimbabwe contains both regulatory and financial biases. The government has clear political interests in ensuring a monopoly on the print media to complement its control on the broadcast sector in order to narrow public awareness of current issues. In addition, the state has a financial conflict of interest, which prevents it from being an impartial referee in the question of newspaper publication. There is no doubt that the growing popularity of the Daily News and its expanding market share have had financial implications on the viability of state-owned ZimPapers. The Crisis Coalition is stunned by the irregularity with which this case has been handled, and the perverted sense of justice demonstrated by the Supreme Court in this instance. In a democracy, citizens should be allowed to challenge the constitutionality of a law before having to comply with it, without being accused of subverting the legal process. The Coalition demands that ANZ immediately be permitted to resume operations. It calls for the Page 2 of 10
repeal of AIPPA, and the return to non-partisan application of the rule of law in a way that is consistent, fair and procedural. 14 September 2003 Information Department Crisis in Zimbabwe Coalition Box CY 434 Causeway, Harare +263 4 747 817 -------------------------------------------- Crisis in Zimbabwe is a grouping of 350 civil society organisations and coalitions whose vision is a democratic Zimbabwe. FREEDOM OF EXPRESSION IN ZIMBABWE UNDER SIEGE Zimbabwe Lawyers for Human Rights (ZLHR) is gravely concerned at the impact on the right to freedom of expression of the forced closure of the privately owned Daily News following the recent Supreme Court ruling in the matter involving the Associated Newspapers of Zimbabwe (ANZ) and the Minister of Information & Publicity and the Media and Information Commission. The ANZ are the publishers of the Daily News, which is the only independent daily newspaper in Zimbabwe. This is not the first time that the employees and the newspaper itself have come under attack for their efforts to disseminate information to the public about affairs affecting their day-to-day lives. ZLHR has always maintained that the Access to Information and Protection of Privacy Act (AIPPA) is a repressive piece of legislation that was enacted primarily to undermine the right to freedom of expression and stifle the exchange of ideas and information by the people of Zimbabwe. AIPPA, together with the Public Order and Security Act (POSA), the Broadcasting Services Act, the Miscellaneous Offences Act (MOA) and the Labour Relations Act (LRA), amongst others, form an axis of repression in Zimbabwe, assaulting the epicentre of the freedom of expression. The latest attempt to utilise AIPPA to effectively shut down the private media should leave no person in doubt as to the intentions of those who crafted the legislation and their desire to suppress freedom of expression in the country. The Supreme Court Ruling Whilst reservations have been previously expressed about the independence of the Judiciary in Zimbabwe, ZLHR has remained fairly confident for some time that the bench would remain the final protector of universally recognised human rights and fundamental freedoms. In addition to the Constitution, Zimbabwe is bound by a number of international instruments that oblige it to conform with minimum standards in terms of promoting and protecting the right to freedom of expression which includes the right to impart and receive information. We have no doubt that the Supreme Court is aware of the obligations that Zimbabwe has in terms of such international instruments as The African Charter on Human and Peoples Rights and the International Covenant on Civil and Political Rights which guarantee the right to freedom of expression. Even though ZLHR has not yet been able to obtain a copy of the Supreme Court s judgement in the ANZ matter in order to express a technical opinion, we are able to comment on the impact of the ruling on the right to freedom of expression as a fundamental human rights issue. ZLHR notes with grave concern that the Supreme Court ruling effectively resulted in the biggest assault on the right of freedom of expression in the history of our Independence. It is indeed regrettable that the ambitious thrust by the Minister of Information and Publicity to enact, by any means, unconstitutional legislation designed to arrest expression, has now been given judicial approval by a court entrusted with the protection of fundamental freedoms and universally recognised human rights to ensure justice and freedom in Zimbabwe. Repression may therefore have sadly found itself an ally against human rights defenders, in the form of the Judiciary. The forced closure of the Daily News It came as no surprise to ZLHR that the police acted with apparent haste and enthusiasm to close down the Daily News on 12 September 2003 once the Supreme Court had made its pronouncements. This effectively put the final nail in the coffin of the right to expression. ZLHR is also deeply concerned about the impact of the police conduct consequent to the Supreme Court ruling on the investment climate in Zimbabwe at a time when our economy is in serious disarray. It is time for the Ministry of Information and Publicity to cease utilising repressive and Page 3 of 10
unconstitutional pieces of legislation to stem the free-flow of information and ideas in Zimbabwe. We continue to call for the immediate repeal of AIPPA and POSA and the drafting of appropriate and lawful legislation after considered debate and input from all stakeholders. 13 September 2003 ACTION ALERT UPDATE 13 SEPTEMBER 2003 GOVERNMENT BAN THE DAILY NEWS. The Zimbabwean Government closed the country s leading and most popular newspaper, the independent Daily News, on 12 September 2003. The ban follows a Supreme Court ruling on 11 September that the paper was operating illegally. Plainclothes security police, accompanied by about 20 paramilitary police armed with automatic rifles, burst into the newspaper s offices in central Harare at about 5pm and ordered all staff to leave. Nqobile Nyathi, the Editor, and Simon Ngena, the production manager, were arrested and taken to Harare central police station. They were released later. Andrew Makoni, a lawyer who went to see the two at the police station, said that a senior officer of the police "Law and Order" section had told him: "The newspaper is banned." Staff at the newspaper said that police produced no warrant or documentation. "They just said: Switch off your computers, leave everything and disappear, ". Gugulethu Moyo the paper s legal advisor told MISA-Zimbabwe that they were seeking an urgent high court interdict to enable them to resume publishing. Police details are still stationed at the Daily News and depressed journalists were this morning taking their personal belongings from the offices. The Chairperson the Media and Information Commission, Tafataona Mahoso who instigated the closure said that The Daily News is an outlaw and that he would have been surprised if the police had not taken any action. The Daily News refused to register as required under the Access to Information and Protection of Privacy Act (AIPPA). Section 66 of AIPPA says that all media houses must register with the MIC. If they read the law properly what they should have done was to stop publishing until they are registered, As far as I am concerned The Daily News does not exist in terms of the laws of the country, said Mahoso. Darlington Majonga, a sub-editor, said. It is the first time that a newspaper in Zimbabwe has been banned since the mid-sixties, when the former white minority Rhodesian government outlawed a problack nationalist newspaper, also called the Daily News. The modern Daily News s constant exposure of state lawlessness, corruption and violent repression has been a thorn in the regime s side since it was founded in 1999. It has been the target of three bombings and has endured the frequent arrest of its editors, journalists and other staff. Many of their staff has been assaulted and the ruling party s militias regularly burn copies of the paper in public. APPEAL MISA-Zimbabwe has condemned this action as a serious violation of media freedom. As such we are calling upon all who share our sentiments to send letters of appeal to Zimbabwe s embassies and high commissions in your respective country s, Members of Parliament in Zimbabwe, the police and relevant ministries calling upon them to allow the Daily News to continue operating, reminding them that the newspaper is a legally registered company, call upon them to uphold the rights of the paper to the enjoyment of freedom of expression and desist from harassing media houses on the basis of repressive laws such as AIPPA. Send appeals to: Page 4 of 10
President Robert Mugabe Office of the President Munhumutapa Building Samora Machel Avenue/ 3rd Street Harare, Zimbabwe facsimile: 263-4-708-820 Minister of Information and Publicity Professor Jonathan Moyo Office of The President Munhumutapa Building Box 777 Causeway Harare Phone 00 263 4 706 894, 707 091 7, 707098 The Chairman Dr Tafataona Mahoso Media and Information Commission P O Box CY 7700 Causeway Harare Tel 703 416 The Attorney General Mr Andrew Chigovera 2ND Floor Corner House Samora Machel Ave Box CY 880 Causeway Harare Zimbabwe Phone 00 263 4 77 32 47 END Rashweat Mukundu Research and Information Officer Page 5 of 10
MISA-Zimbabwe 84 McChlery Ave Eastlea Box HR 8113 Harare Zimbabwe Phone 00 263 4 7761 65 Mobile 00 263 11 602 685 E mail misa@mweb.co.zw [3] **We apologise for any cross-posting - The following is being forwarded exactly as received** MISA ZAMBIA CONDEMNS THE CLOSURE OF THE "DAILY NEWS" NEWSPAPER The Media Institute of Southern Africa (MISA) Zambia Chapter condemns strongly the closure of the Daily News newspaper on September 12, 2003, by the Zimbabwean government, following the loss of the court case in which the newspaper was challenging the legality of mandatory registration under the Access to Information and Protection of Privacy Act (AIPPA). We believe that the closure of the newspaper was unwarranted and absolutely unnecessary. Securing the compliance of the Daily News with the new law did not require the force that the Zimbabwean authorities displayed and have continued to display towards the newspaper following the Supreme Court ruling. The force is exaggerated for the purpose of instilling a sense of fear in staff of the Daily News as well as other critical newspapers in Zimbabwe. We can only conclude that the Zimbabwean government saw an opportunity to silence the privately owned newspaper because of its coverage of the views that are not normally covered in the state media. In the interest of freedom of the press and democratic values, we demand that the Daily News be reopened immediately and allowed to operate freely without interference. The Zimbabwean people have endured too much controversy already. It is unfortunate that their government has created further controversy through the unwarranted closure of the Daily News. We call upon President Levy Mwanawasa and other leaders in the SADC region to urgently intervene in this crisis and help find an amicable solution in the interest of freedom of the press and democracy in Zimbabwe and the rest of the sub-region. Kellys Kaunda CHAIRPERSON 17 September 2003 Zambia Independent Media Association (ZIMA), P.O. Box 32295, Lusaka, Zambia. Tel: 260-1-292096/294285/294286 Fax: 260-1-292096/294285/294286 Mobile: 260-97-754310 (National Director) 260-97-841615 (Information/Research Officer) http://www.zima.co.zm [4] To: IFEX Autolist (other news of interest) From: ARTICLE 19, fatou@article19.org.za [5] Johannesburg, September 15, 2003 Page 6 of 10
ARTICLE 19 condemns the closure of the Daily News in Zimbabwe On September 12, 2003, the Daily News, the country's only independent daily newspaper was closed down by Zimbabwean police. This decision came after the Supreme Court ruled that the paper was "operating outside the law." The Associated Newspapers of Zimbabwe (ANZ), the proprietor of the Daily News is currently challenging the constitutionality of the Access to Information and Protection of Privacy Act (AIPPA) before the Supreme Court. But according to the Chief Justice, Godfrey Chidyausiku, the Supreme Court would only consider the company's constitutional challenge once it had "submitted itself to the law, [registered]''. The AIPPA requires all media outlets and journalists to register with the state Media and Information Commission (MIC) or face criminal charges punishable by a maximum sentence of two years' imprisonment or a fine. Registration is valid for one year only, after which a journalist will have to re-apply. The registration scheme under the AIPPA has been designed to bring all media under the control of the Media Commission, itself firmly under the control of the government, and impose strict sanctions on any journalists who fail to register or who breach the 'code of conduct'. 'We are shocked by the decision to close down the country's only independent daily newspaper, we urge the Zimbabwe government to desist from using repressive legislative provisions to harass the independent media and thereby depriving Zimbabweans of their fundamental right to information.' Says John Barker, ARTICLE 19' Africa Programme Director. Contact: Fatou Jagne Africa Programme Officer ARTICLE 19 Global Campaign for Free Expression PO Box 309421st Floor Braamfontein Centre 23 Jorissen Street Braamfontein 2017 South Africa Tel. +27114031488 Fax. +27114031517 Email fatou@article19.org.za [5] For more information visit: www.article19.org [6] **The information contained in this autolist item is the sole responsibility of ARTICLE 19** **We apologise for any cross-posting - The following is being forwarded exactly as received** To: IFEX Autolist (other news of interest) From: International Federation of Journalists (IFJ), robert.shaw@ifj.org [7] Media release 13 September 2003 IFJ Condemns Police Closure of Zimbabwe Paper: "A Despicable Attempt to Stifle Dissent" The International Federation of Journalists today called on the government in Zimbabwe to repudiate the action of armed police to closedown the country's only private newspaper - the Daily News, which has been sharply Page 7 of 10
critical of President Robert Mugabe and his government. "The closure of the Daily News is the inevitable consequence of an intolerable campaign against independent journalism," said Aidan White, IFJ General Secretary. "It is a despicable attempt to stifle dissent and reinforces the isolation of Zimbabwe in the democratic world." The IFJ and the Southern African Association of Journalists (SAJA), which groups journalists unions throughout the region, issued statements strongly condemning the law which led to the closure - the Access to Information and Protection of Privacy Act (AIPPA). The law imposes a stringent registration and licensing process for all newspapers and journalists in the country, requiring journalists to provide exhaustive personal details about their families. The licensing process is renewable on a yearly basis, which raises concerns on the political restrictions that the system could introduce. "AIPPA is a concerted effort by the Zimbabwean authorities to silence independent voices in the country," said Martin Musunka, SAJA President. Police shut down the offices of the newspaper yesterday, a day after a court ruled that it was operating illegally because it had not been registered under the press law. The Daily News argued that such a requirement was unconstitutional but Zimbabwe's Supreme Court says the newspaper is operating illegally because it had refused to register with the state Media and the Information Commission (MIC), as required by the media law. "The closure of this newspaper is not a matter of law, it is a political act," said Aidan White. He said the Daily News had promised to register after the court ruling, but the police action was taken before it could do so. The IFJ is angry that 20 police officers - some armed with rifles - arrived at the Daily News' Harare office, went into the building and started ordering everyone out. The editor Nqobile Nyathi was detained but later released. Nine months ago, Zimbabwe Information Minister Jonathan Moyo accused the Daily News of deliberately flouting the law but the paper's publishers - the Associated Newspapers of Zimbabwe (ANZ) - said the MIC had refused to accredit the journalists working for the newspaper. More than a dozen journalists have been charged under the media law, which President Mugabe signed soon after his re-election in 2002. Among them were several Daily News reporters and a correspondent for Britain's Guardian newspaper, Andrew Meldrum, who was later deported. Link to SAJA Statement on the closure: http://www.ifj.org/docs/saja%20statement130903.doc [8] Further information: + 32 2 235 22 00 The IFJ represents over 500,000 journalists in more than 100 countries **The information contained in this autolist item is the sole responsibility of IFJ** **We apologise for any cross-posting - The following is being forwarded exactly as received** To: IFEX Autolist (other news of interest) Page 8 of 10
From: World Association of Newspapers (WAN), peterawhitehead@yahoo.co.uk [9] His Excellency Robert Mugabe President of Zimbabwe C/o Permanent Representative to UN Email: zimbabwe@un.int [10] 16 September 2003 Your Excellency, We are writing on behalf of the World Association of Newspapers and the World Editors Forum, which represent 18,000 publications in 100 countries, to express our serious concern at the closure of the Daily News, Zimbabwe's only independent daily newspaper. According to reports, the Daily News, the country's highest circulating paper, failed to appear on 13 September, a day after police raided the newspaper's offices for operating illegally. The paper's Sunday edition, the Daily News on Sunday, will also be temporarily closed. It is the first time since the 1960s that a newspaper in Zimbabwe has been shut down by the authorities. The police raid came a day after the Supreme Court ruled that the paper, which is highly critical of your government, was operating in 'defiance of the law' for refusing to register with the Media and Information Commission. The Daily News had unsuccessfully challenged the constitutionality of the mandatory registration procedure and will now have to register with the Commission before reinstituting its legal action. It is thought that the registration process could take several months. We respectfully remind you that the closure of the Daily News is a clear breach of the right to freedom of expression, which is guaranteed by numerous international agreements, including the Universal Declaration of Human Rights. Article 19 of the Declaration states: 'Everyone has the right to freedom of opinion and expression; this right includes the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media, regardless of frontiers.' We respectfully call on you to do everything possible to ensure that the Daily News is immediately permitted to publish without state interference. We urge you to ensure that the mandatory registration procedure and all other repressive media laws are repealed and that in future your government fully respects international standards of press freedom. We look forward to hearing from you at your earliest convenience. Yours sincerely, Seok Hyun Hong President World Association of Newspapers Gloria Brown Anderson President World Editors Forum **The information contained in this autolist item is the sole responsibility of WAN** Categories: Features [11] Issue Number: 124 [12] Page 9 of 10
(function(d, s, id) { var js, fjs = d.getelementsbytagname(s)[0]; if (d.getelementbyid(id)) return; js = d.createelement(s); js.id = id; js.src = "//connect.facebook.net/en_us/sdk.js#xfbml=1&appid=1465091963738031&version=v2.0"; fjs.parentnode.insertbefore(js, fjs); }(document, 'script', 'facebook-jssdk')); Article-Summary: "The newspaper is banned." With these words the Zimbabwean Government closed the country's leading and most popular newspaper, the independent Daily News, on 12 September 2003. The ban follows a Supreme Court ruling on 11 September that the paper was operating illegally. Plainclothes security police, accompanied by about 20 paramilitary police armed with automatic rifles, burst into the newspaper's offices in central Harare at about 5pm, ordered staff to leave and arrested Nqobile Nyathi, t...read more [13] Category: Governance [15] Oldurl: http://www.pambazuka.org/en/category.php/features/17147 [16] Country: Zimbabwe [17] Source URL: https://www.pambazuka.org/node/18283 Links: [1] https://www.pambazuka.org/author/contributor [2] mailto:monitors@mweb.co.zw [3] mailto:misa@mweb.co.zw [4] http://www.zima.co.zm [5] mailto:fatou@article19.org.za [6] http://www.article19.org [7] mailto:robert.shaw@ifj.org [8] http://www.ifj.org/docs/saja%20statement130903.doc [9] mailto:peterawhitehead@yahoo.co.uk [10] mailto:zimbabwe@un.int [11] https://www.pambazuka.org/taxonomy/term/3272 [12] https://www.pambazuka.org/article-issue/124 [13] https://www.pambazuka.org/printpdf/18283 [14] mailto:editor@pambazuka.org [15] https://www.pambazuka.org/taxonomy/term/3274 [16] http://www.pambazuka.org/en/category.php/features/17147 [17] https://www.pambazuka.org/taxonomy/term/3302 Page 10 of 10