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State <strong>of</strong> the media in <strong>Southern</strong> <strong>Africa</strong> 2002<br />
2002<br />
198 So This Is Democracy?<br />
Mugabe. Morris Depot is near State<br />
House.<br />
“We were filming Mr. Tsvangirai’s<br />
story <strong>of</strong> being ordered to report to<br />
Morris Depot to face charges <strong>of</strong> treason.<br />
As his convoy had passed State<br />
House, I later got a shot <strong>of</strong> the ‘No traffic<br />
6-6’ sign and then filmed as we<br />
were driving past the State House security<br />
wall along Josiah Tongagara,”<br />
explained Spicer.<br />
Spicer told MISA-Zimbabwe that<br />
she and her colleague did not stop, attempt<br />
to film inside State House or<br />
drive through Chancellor Avenue,<br />
which is closed from 6:00 p.m. to 6:00<br />
a.m. (local time) every day. Spicer and<br />
Cahi drove back past State House after<br />
filming the opposition leader as he<br />
entered the police station.<br />
“At 4:30 p.m., we drove back past<br />
State House. We were not filming, but<br />
we were flagged down by the police<br />
and Presidential Guard and told that I<br />
had violated the law by filming in a<br />
restricted area. I was taken to Harare<br />
Central Police Station. Cahi was also<br />
asked to drive her car to the Central<br />
Police Station,” said Spicer. Both journalists<br />
were informed that they would<br />
be charged.<br />
“Our lawyer, Bryant Elliot, pointed<br />
out to the police <strong>of</strong>ficers that according<br />
to the Protected Areas Act, there<br />
has to be a clear public sign indicating<br />
exactly what restrictions are in force<br />
in a ‘restricted area’, and that the act<br />
refers to the taking <strong>of</strong> photographs ‘on<br />
the premises’ <strong>of</strong> a restricted area,” said<br />
Spicer.<br />
The two journalists were nevertheless<br />
locked up for the night. On Tuesday<br />
February 26, their other lawyer,<br />
Ray Moyo, took over the case. Spicer<br />
and Cahi were charged with contravention<br />
<strong>of</strong> Section 5, Subsection 5 <strong>of</strong> the<br />
Protected Areas Act, Chapter 11.12.,<br />
because they took photographs <strong>of</strong> State<br />
House.<br />
“In terms <strong>of</strong> Section 5.5, we had<br />
“failed to comply with the direction as<br />
to movement or conduct in a protected<br />
area,” explained Spicer.<br />
Moyo and Elliot pointed out that no<br />
such directive about how people are<br />
to move around State House were ever<br />
published or gazetted. The senior public<br />
prosecutor also failed to find such<br />
directions.<br />
“In other words, there are no directions<br />
as to how we as journalists should<br />
move or conduct ourselves in this protected<br />
area,” noted Spicer. The senior<br />
public prosecutor subsequently refused<br />
to prosecute the two journalists, and<br />
they were released on February 26 at<br />
1:00 p.m.<br />
ALERT<br />
DATE: 2002-03-12<br />
PERSON(S): Foreign journalists<br />
VIOLATION(S): Threatened<br />
Zimbabwean Minister <strong>of</strong> Information<br />
and Publicity Jonathan Moyo has<br />
warned foreign journalists operating<br />
illegally in Zimbabwe that they face<br />
jail terms if caught. Moyo was speaking<br />
in Bulawayo, Zimbabwe’s second<br />
largest city, on Friday March 8,<br />
2002.<br />
Minister Moyo, who was addressing<br />
the media, warned journalists who<br />
were denied accreditation to cover the<br />
elections but had entered the country<br />
as tourists that they would be caught<br />
and prosecuted. Moyo added that any<br />
journalist caught working in the country<br />
illegally, “might take a long time<br />
... to go back to their countries.”