Twenty years after the Windhoek Declaration on press freedom

party of President Robert Mugabe to
take over senior posts ahead of next
year’s elections. He was charged with
making defamatory statements and
released <strong>after</strong> spending nine days in
a Bulawayo prison.
That a journalist could be incarcerated
without trial like this is disturbing
enough. But <strong>the</strong> subsequent escalation
of this case shows precisely
why criminal defamation law has
become one of <strong>the</strong> most frequently
used forms of protection for authorities
with something to hide.
“In this way, <strong>the</strong>
criminalisation of
defamation serves to
deter investigative
journalism and
reduces <strong>the</strong> capacity
of <strong>the</strong> press to fulfil
its role of public
watchdog.”
Initially, Ndlovu was to be charged
with contravening Section 96 of
<strong>the</strong> Zimbabwean Criminal Law
(Codification and Reform) Act
related to criminal defamation, with
any conviction leading to two <strong>years</strong>’
imprisonment or a fine, or both.
He now faces an additional charge
under Section 31 of <strong>the</strong> same Act,
which deals with <strong>the</strong> publication of
falsehoods prejudicial to <strong>the</strong> state.
If convicted, he could face up to 20
<strong>years</strong> in prison. On 30 November
2010, The Standard’s editor, Nevanji
Madanhire, was also arrested and
charged with breaching <strong>the</strong> same
section of <strong>the</strong> Act.
“The arrest of Nqobani Ndlovu is a
big blow against <strong>the</strong> return of confidence
in Zimbabwe as far as press
freedom and freedom of expression
is concerned,” commented Trevor
Ncube, chairman of Alpha Media
Holdings Group, in a statement to
WAN-IFRA. “However, we are not
intimidated but emboldened to
continue informing <strong>the</strong> public in a
professional and ethical manner,” he
affirmed.
The <strong>Declaration</strong> of Table Mountain
campaign goes beyond <strong>the</strong> repeal of
<strong>the</strong>se obnoxious criminal defamation
and insult laws. It also aims to have
a free and independent press placed
far higher on <strong>the</strong> political agenda of
African governments.
The link between an active and independent
press, free from government
interference and intimidation,
and economic, political and social
development is seen as a must for
any state with democratic pretensions.
There are many steps to achieving
<strong>the</strong> aims of <strong>the</strong> <strong>Declaration</strong>, involving
local, regional and international
organisations working in partnership
both on <strong>the</strong> ground and in <strong>the</strong>
corridors of power across <strong>the</strong> continent.
One milestone is amending <strong>the</strong> African
Peer Review Mechanism (APRM),
a mutually agreed self-monitoring
instrument for African Union member
states when it comes to reviewing
governance. The campaign seeks
to include press freedom as part of
<strong>the</strong> APRM assessment criteria.
The <strong>Declaration</strong> of Table Mountain
campaign has been ga<strong>the</strong>ring
steady momentum. After intense
lobbying and direct contact with
policymakers and government representatives,
<strong>the</strong> NGO forum of
<strong>the</strong> African Commission for Human
and Peoples’ Rights proposed
a resolution on defamation that
was adopted by <strong>the</strong> commission
in November 2010.
This resolution is ano<strong>the</strong>r tool
in <strong>the</strong> armoury when it comes
to addressing heads of state on
<strong>the</strong>ir commitment to a free and
independent press. It helps <strong>the</strong>
media, civil society and progressive
political voices alike to advance <strong>the</strong>
Section 1: Freedom
cause of meaningful, long-lasting
and effective change.
Until Africa is free of criminal
defamation, insult laws and o<strong>the</strong>r
laws that allow for suppression
of <strong>the</strong> press, <strong>the</strong> continent risks
remaining in <strong>the</strong> foothills, ra<strong>the</strong>r
than reaching <strong>the</strong> apex, of <strong>the</strong>
mountain of progress.
Media in Africa - 2011 | 71