The Crisis in Zimbabwe Coalition deplores the banning of the Daily News by the government.
There is worldwide recognition that freedom of expression and free flow of information are essential ingredients of a democracy. Freedom of expression is one of the most precious and fundamental human rights as it is essential for the exercise of other democratic rights. Democracy can only flourish in societies where information and ideas can flow freely. Free flow of information requires that the public and the press be free to disseminate information, and that the public be entitled to receive that information. In a democracy the press operates as a watchdog on behalf of the governed and exposes abuse of power, corruption and maladministration. No democracy can develop effectively without a vibrant media.
The last few years have seen the intensification of the regime’s hostile campaign against the private press. The offices and printing press of the Daily News have been bombed as has the building housing the offices of an independent broadcaster Many editors and journalists have been arrested and charged under repressive legislation. There has been constant harassment of private press editors and journalists and a number of them have been physically assaulted. Lawless elements have destroyed copies of the Daily News and assaulted vendors.
A key part of the strategy by the Mugabe regime to silence dissent and criticism of its abuse of power and destructive policies was to pass two highly obnoxious pieces of legislation. These are the Access to Information and Protection of Privacy Act (AIPPA) and the Public Order and Security Act (POSA). POSA was intended to eliminate the right of freedom of assembly by groups opposed to government policies and to create a series of draconian offences such as those penalising those who criticise the President and law enforcement agencies. AIPPA was intended to strangle the private press by subjecting it to stifling controls and restrictions and by creating various serious criminal offences that can be committed by media houses and journalists. AIPP was devised by and under the control of a minister who had displayed extreme antipathy towards the private press. Although the application of the controls are nominally in the hands of a Media Commission, the Minister has substantive control over the membership and operations of this body.
The Crisis Coalition notes that the Mugabe government has failed to honour its repeated undertakings to SADC leaders that it would repeal or drastically amend these pieces of legislation to make them democratically acceptable.
The Daily News refused to subject itself to the repressive regime of AIPPA. It sought to bring a constitutional challenge to the legislation in the Supreme Court. The Supreme Court signed the death warrant of the Daily News by refusing to rule on the constitutionality of AIPPA until it had complied with the law by registering or had ceased its operations. This was a green light to the police to close down the newspaper and seize it s equipment. This forced the Daily News to seek registration under AIPPA, only to have its application reflected by the politically partisan Media and Information Commission (MIC) on the basis that it had flouted the law by failing to register earlier. This was effectively to shut down the newspaper.
The banning of the Daily News constitutes the ruling party’s most serious attack yet upon freedom of expression and media freedom. It is the action of a ruthless and intolerant regime. It derives large numbers of Zimbabweans of a daily source of information and an alternative to the virulent propaganda disseminated by the state controlled media. There is no doubt that the primary objective of the Mugabe regime in banning the Daily News is to ensure that Zimbabweans, and indeed the international community, do snot receive information about the regime’s continued acts of abuse of power, repression, violence and grave abuse of human right s that are being perpetrated against the people of Zimbabwe.
Attempts by members of the National Constitutional Assembly (NCA) to demonstrate against the closure of the Daily News, and to call for good governance and a new Constitution were squashed by the police. Over 130 NCA members were arrested – thanks to the provision of POSA and the Miscellaneous Offences Act. The next likely target o the ongoing campaign to snuff out alternate voices will be civil society organizations. As witnessed by the NCA, the space for democratic debate and peaceful demonstration will become increasingly closed. And, without an independent daily newspaper to comment on and expose these injustices, attacks on human rights and constitutional freedoms are likely to intensify.
On behalf of civil society and the majority of the people of Zimbabwe, we demand:
? That the people of Zimbabwe be allowed to exercise their constitutional freedoms and rights within the provisions of laws which are compatible with democratic principles;
? That AIPPA be immediately repealed and replaced by a voluntary scheme of self-regulation by the media;
? That the Daily News be immediately allowed to re-commerce publication.
We conclude by applauding the courage for the Daily News in its continuing battle to be allowed to inform Zimbabweans and the outside community about that is happening in the country. We call upon all Zimbabweans who value democracy to join in the campaign to demand the resuscitation of the Daily News.