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State of the media in Southern Africa 2002
detention.
Once AIPPA was enacted 14 journalists and editors found themselves in
custody at various times, charged with the crime of “publishing falsehoods”.
This carries a maximum two-year imprisonment term. In all, 44 media practitioners
were arrested in 2002. Of these, two cases were prosecuted to completion,
six had charges withdrawn, 22 were released without charge, one
was deported and 13 cases are pending. Despite several false stories in statefunded
newspapers, however, not one journalist or editor from this sector
was arrested and charged.
The first prosecution was that of Andrew Meldrum, a Guardian correspondent.
In a victory for press freedom and under immense government pressure
Magistrate Godfrey Macheyo dismissed the charges, highlighting the inadequate
drafting of the false news provision and ruling that strict liability was
not intended. Meldrum was immediately served with deportation papers
signed by the Home Affairs minister. He has challenged the constitutionality
of his removal and remains in Zimbabwe pending the outcome of his case.
The only other matter pursued under the false news provision has been referred
to the Supreme Court for argument on its constitutionality and the
matter remains outstanding. The Information Ministry has, however, effectively
conceded the unconstitutionality of this and several other sections by
placing revised provisions before Parliament in the Access to Information
and Protection of Privacy Amendment Bill.
Journalists were also persecuted under other legislation. Two journalists filming
the leader of the opposition who was on his to a police station situated
near the State House were detained and charged under the Protected Areas
Act for having filmed the State House. The Attorney General refused to
prosecute. The Zimbabwe Independent editor was charged under the Censorship
Act for publishing a photograph of an Amazonian in (scant) traditional
attire. A Daily Mirror reporter, Tawanda Majoni, was arrested for writing
a story questioning the state of health of the Commissioner of Police. As
a former policeman, the journalist was prosecuted, convicted and jailed for
desertion under the Police Act. He is however out of custody pending the
hearing of an appeal he made. Two AFP journalists were forced to leave
Zimbabwe after their re-registration applications were denied.
2002
Criminal defamation charges were laid against several independent journalists
and editors for various articles, including a report on the First Lady’s
brother soliciting her help to resolve a labour dispute, and one relating to the
beheading of an opposition supporter by ZANU-PF members (which was
later found to be false and retracted). Public officials lodged personal claims
based on articles exposing their corrupt practices. Due to the State’s refusal
170 So This Is Democracy?