MISA Zimbabwe@25: the milestones
OUR lived reality today in which Zimbabwe now has private commercial radio stations and licensed television stations and community radio stations, was 25 years ago deemed inconceivable, if not utopian and risky.
These milestones and notable achievements are grounded through the vision of the men and women who launched the regional Media Institute of Southern Africa (MISA Regional) in 1992 to promote free, independent, diverse and pluralistic media as envisaged in the 1991 Windhoek Declaration on Promoting Free and Independent Media.
The cascading effect of their vision and foresight gave birth to MISA Zimbabwe as we know it today as one of the regional chapters of the MISA Regional outfit, 25 years ago.
Today, MISA Zimbabwe has grown to being the lead media freedom, freedom of expression and access to information organisation whose footprints and achievements are easily traceable and historically recorded accordingly.
Milestones
Constitutional provisions on media freedom, freedom of expression
MISA Zimbabwe was the lead organisation in pushing for explicit constitutional provisions on freedom of expression, media freedom and citizens right to access to information.
Through its incessant lobby and advocacy work in that regard, Zimbabwe’s 2013 Constitution, for the first time since its replacement of the independence Lancaster House Constitution, now has explicit provisions on freedom of expression, media freedom and access to information provided for in terms of Sections 61 & 62 of the Constitution.
Dismantling of AIPPA
The Access to Information and Protection of Privacy Act (AIPPA), enacted in 2002, had been used to harass, arrest, detain journalists and media workers as well as the closure of newspapers such as the and the Tribune.
Following the closures, MISA Zimbabwe launched the Bring Back the Daily News campaign as part of the spirited campaigns for the repealing of AIPPA as a draconian law that impinged on media freedom, freedom of expression, and ultimately, citizens right to access information through a free, independent and diverse media.
These advocacy and lobby campaigns, culminated in the dismantling of AIPPA, and enactment of the Freedom of Information Act in July 2020, to give effect and enforce the enjoyment of citizens right to access to information as provided by Section 62 of the Constitution.
Media Defence Fund
The Media Defence Fund falls within the scope of the Legal Support programme area. This programme is designed to offer legal assistance to journalists , media workers and institutions, that are either arrested or detained during the course of their lawful professional duties, and even extends to legal representation if the matter goes to trial.
MISA Zimbabwe has over the years recorded numerous successes in the cases where it deployed lawyers to offer legal representation to journalists or media workers that would have been arrested or unlawfully detained during the course of their work.
In the majority of the cases, deployed lawyers have always managed to secure the release of the detained journalists, with very few of the cases going to trial.
A recent case is that of Tawanda Muchehiwa, nephew of ZimLive editor, Mduduzi Mathuthu, following his arrest when the police raided Mathuthu’s home in Bulawayo on 30 July 2020.
Muchehiwa had been missing since 30 July 2020 following his arrest by the police, with his then known location being that of having been in their custody at Bulawayo Central Police Station.
Following a habeas corpus application by MISA Zimbabwe through lawyer Nqobani Sithole, High Court judge Justice Makonese, on 1 August 2020, ordered the police to investigate Muchehiwa’s whereabouts and produce the outcome to the Magistrates Court at Tredgold Building in Bulawayo within 72 hours.
Muchehiwa was later found that evening on 1 August 2020 around 2200hr after he was ‘dropped off’ at his place of residence by suspected state security agents. On 4 August 2020, Muchehiwa subsequently appeared before the magistrates court in Zimbabwe’s second city of Bulawayo in compliance with the directive by the High Court judge.
NewsDay journalist Rex Mphisa and Zimpapers sales representative Charles Marerwa were on 27 August 2020 acquitted by magistrate Ania Chimweta on charges of violating the COVID-19 regulations.
The magistrate ruled that the State had failed to prove its case beyond any reasonable doubt.
Mphisa and Marerwa were arrested on 15 May 2020 in Dulivhadzimu, in Zimbabwe’s southern border town of Beitbridge. Mphisa and Marerwa, who were on free bail, were represented by lawyer, Jabulani Mzinyathi, who was engaged by MISA Zimbabwe.
Free the Airwaves Campaign
The licensing of the first ever community radio stations and commercial television stations is in line with the African Charter on Broadcasting’s three-tier system, comprising public, commercial and community broadcasting , that MISA Zimbabwe, together with the Zimbabwe Association of Community Radio Stations (ZACRAS), has incessantly been advocating for over the years.
This is the result of our protracted and sustained Free the Airwaves Campaign, during which MISA Zimbabwe established preparatory Community Radio Initiatives throughout the country. For instance, the newly licensed Ntepe Manama Community Radio Trust in Matabeleland South province, is one such initiative.
Self regulation of the media
The first move in dismantling the restrictive Access to Information and Protection of Privacy Act which was the weapon of choice in harassing, threatening and arresting journalists which saw the closure of the Daily News and The Tribune newspapers, was through the establishment of the Voluntary Media Council of Zimbabwe.
MISA Zimbabwe spearheaded the nationwide mobilisation and consultations with key stakeholders together with the Zimbabwe Union of Journalists on the need for self-regulation of the media.
This culminated in the massive endorsement of self-regulation of the media as a counter measure against the then statutory Media and Information Commission.
The endorsements gave birth to the VMCZ as the self-regulatory media body amid the increasing crescendo for the repeal of AIPPA and the subsequent death of the statutory Media and Information Commission.
Court cases
Another key component of the Legal Support programme, is that of strategic litigation.
This is informed by MISA Zimbabwe’s monitoring of media freedom violations and issuance of alerts and analysis of the legal operating environment and the laws that are in place and how they impact on the exercise and enjoyment of the right to media freedom, freedom of expression and citizens’ right to access to information as provided for in the Constitution.
• The Constitutional Court in February 2016, granted an application by MISA Zimbabwe seeking confirmation of the fact that criminal defamation was no longer part of the law. MISA had argued that Section 96 Criminal Law (Codification and Reform) Act (which had been used to arrest several journalists), was invalid from the time of its enactment in 2004. Criminal defamation was then effectively struck off the statutes.
• HighCourtjudgeJusticeOwenTaguon 21 January 2019 ruled that the Minister of State in the President’s Office Responsible for National Security does not have the authority to issue any directives in terms of the Interception of Communications Act.
The court ruling followed a court challenge mounted by MISA Zimbabwe and the Zimbabwe Lawyers for Human Rights following directives issued by Minister Owen Ncube to shut down the Internet in Zimbabwe.
The Interception of Communications Act is one of 12 Acts directly administered by the President of the Republic of Zimbabwe. The President does have the right to assign any other Cabinet members to act on his behalf to administer any of these 12 Acts.
Justice Tagu agreed with Advocate Matinenga’s submission that the Minister was not assigned with any authority to issue such directives by the President. He ruled that the directives issued in the minister’s name be set aside as they were unlawful.
The decision, allowed mobile network operators and Internet service providers to restore full Internet access including access to social media applications and websites. Access to applications such as WhatsApp and Facebook had been restricted since the morning of Tuesday, 15 January 2019.
• High Court judge Justice Mafusire on 24 April 2020 ordered the Ministry of Health and Child Care and the Ministry of Information, Publicity and Broadcasting Services to promote citizens’ access to information pertaining to the Coronavirus. This followed an urgent chamber application that was filed by MISA Zimbabwe, represented by lawyer Rudo Magundani of Scanlen and Holderness. The Ministry of Health and Child Care and the Ministry of Information, Publicity and Broadcasting Services, were cited respectively as first and second respondents in the matter.
• Zimbabwe High Court judge Justice Manzunzu on 20 April 2020 ordered the police and other law enforcement agencies charged with enforcing the COVID-19 lockdown not to arrest, detain or interfere “in any unnecessary way” with the work of journalists. This followed an urgent chamber application that was filed by MISA Zimbabwe (first applicant), and journalist Panashe Makufa (second applicant), against the arrests and harassment of journalists by police officers during the lockdown.
The Commissioner-General of Police and the Zimbabwe Media Commission (ZMC) were cited, respectively, as the first and second respondents in the application filed by the applicants’ lawyer Chris Mhike.
• The High Court granted an order in favour of MISA Zimbabwe interdicting Econet Wireless Zimbabwe and other cited respondents from implementing a police warrant seeking information on the mobile phone operator’s transactions.
High Court judge Justice Tawanda Chitapi granted the provisional order in Harare on 24 July 2020 in favour of the applicants, MISA Zimbabwe, first applicant, and the Zimbabwe Human Rights Association (ZimRights), second applicant.
The court challenge was mounted to protect the right to privacy as provided for in terms of Section 57 of the Constitution.
These milestones and achievement, among several others, have seen MISA Zimbabwe assuming the regional leadership mantle following my election as Chairperson of the MISA Regional Governing Council while national director, Tabani Moyo, now also doubles as the Regional Director.
The occasion of our 25th anniversary thus gives us opportunity to reflect and chart and pave the path on where we want to get – how and when.
Suffice to say, it has been a long arduous journey fraught with challenges and immense leadership responsibilities, but nonetheless with the results to show for it, 25 years later!