PIRF February 2005 report

Government’s response to criticism was to brush aside legitimate criticism with strident claims that legislative changes to electoral laws brought these into line with the guidelines.

One of the main “concessions” celebrated by government was the granting of allegedly equitable access to the national public broadcasting corporation by political parties during the “election period”. For example, The Herald of February 21, 2005 quoted ZANU PF spokesperson Nathan Shamuyarira as saying “What is important is the realisation that indeed Zimbabwe is, so far, the only country that has embraced the SADC principles governing the conduct of Democratic Elections in relation to access by political parties to the media”. The government-controlled media unquestioningly echoed this position by presenting this as compliance with the guidelines when in reality this was not true, as this report intends to demonstrate.

 

Government was quick to dismiss challenges that questioned its commitment to the protection of democratic practice. An example was the court challenge by the Diaspora Vote Action Group, which sought an order compelling government to allow Zimbabweans living abroad to vote in the March 31 parliamentary elections. Government’s response was that the SADC Principles were just “a roadmap to guide countries during…elections in terms of their laws and are not a legal document, nor a protocol enforceable at law.” (The Herald, February 9).

 

And indeed this was accurate. The SADC election principles carry very little more than moral persuasion rather than the force of law. They have no enforcement mechanism. Nor do they have a prescribed minimum set of conditions that a member country must commit itself to meeting in order to hold what could be described as credible elections. The SADC protocol on the conduct of elections signed in Mauritius therefore remain merely moral guidelines.

 

The government exploited this weakness and received overt support from the South African authorities when it was demonstrated that Zimbabwe’s electoral environment clearly didn’t comply with the SADC principles. For example, The Herald of February 17 quoted South African Foreign Minister, Nkosazana Dlamini-Zuma as broadly declaring that her government was satisfied that “Zimbabwe was taking the necessary steps to ensure free and fair elections”. But she did not explain how she had arrived at this conclusion.

 

 

q There was a general increase in reported information rights violations in February compared to both December 2004 and January 2005. State agents (the police and the army) remained the chief culprits with most of the violations directed at the Movement for Democratic Change (MDC). Significantly, there was not a single incident in which the police or the army were reported to have disrupted or banned ZANU PF campaign activities. And yet, of the 22 violations committed by state security agents, 13 were targeted at the MDC thus prejudicing the opposition of unhindered access to the electorate in the run-up to the elections.

q There was a decrease in information rights violations committed by political parties compared to the period January 2005. Notably though, four out of the five violations implicating ZANU PF were targeted at the MDC, indicating the ruling party’s intolerance of the opposition. On the other hand, only one of the MDC’s four violations was targeted at ZANU PF.

q The government-appointed Media and Information Commission (MIC) delivered yet another blow to freedom of expression by shutting down the privately owned Weekly Times. This was the fourth newspaper to be shut down within 18 months following the closure of The Daily News and The Daily News on Sunday in September 2003and The Tribune on June 10 2004. The closure of The Weekly Times for trivial administrative misdemeanours that should never be allowed to outweigh the unhindered exercise of Zimbabweans’ constitutionally guaranteed rights to freedom of expression confirms the view that the MIC does not regulate the operations of the media in the public interest.

q The period also witnessed renewed attacks on journalists. Once again state security agents (the police in particular) were responsible for most of the cases involving threats and harassment of journalists. A notable example was the harassment of three local foreign correspondents, Angus Shaw, Jan Raath and Brian Latham on a variety of absurd and unsubstantiated allegations, including spying. Repeated searches and clandestine visits to their homes at night resulted in three of them fleeing the country.

q Government gazetted the Broadcasting Services Regulations (Access to radio and television) 2005 on February 16^th. Although these superficially represented a positive development, ZBH did not meet the requirement to provide equitable access to the national public broadcaster that the regulations were intended to guarantee for all political parties during an “election period”. The regulations were also announced far too late to make any significant difference in the propagandist trend of ZBH during the campaign period. Most significantly, the regulations were presented as “a magnanimous” concession by government that met the requirements of the SADC guidelines with regard to media access. But the regulations, which, together with the Broadcasting Services Act that defines an “election period” as 33 days before polling, turn Zimbabweans’ constitutionally guaranteed right for equitable access to a national resource (the national public broadcasting corporation, ZBH) into a temporary privilege. Because ZBH is funded from taxpayers money and should be serving as the national public broadcaster, it has a duty to provide fair, balanced and accurate coverage of news and current affairs that reflect the interests of all spheres of Zimbabwean society at all times. But the access to radio and television regulations strongly suggest that ZBH adhere to this mandate only for the 33 days before an election, thus subverting Zimbabweans’ rights to fair and balanced coverage of the news and current affairs.

 

q Besides violating constitutionally guaranteed rights to freedom of expression, association and assembly, the abuses reported here also clearly violate the SADC principles that oblige member countries holding elections to guarantee these rights.

 

 

The reported violations for February 2005 rose from 22 in January 2005 to 34. As shown in Fig. 1 state security agents were again mainly responsible.

 

State security agents were implicated in 22 (65%) of the 34 reported incidents, while ZANU PF and the MDC were responsible for five (15%) and four (12%) respectively. Of the 22 reports implicating state security, 13 (59%) of them were against the MDC. Of the five ascribed to ZANU PF, four were also targeted at the MDC and one against ordinary citizens who were being forced to buy ZANU PF cards by the party’s supporters. This represented a different profile from the previous month in which most of the violations were a result of intra-party squabbles. This time ZANU PF appeared to be targeting the MDC.

Two of the MDC’s four violations were a result of intra-party friction while one was directed at ZANU PF and the other at a former MDC member who was standing as an independent candidate in St Mary’s constituency.

The one incident in which the MIC was implicated masks its significance to freedom of expression. The commission closed The Weekly Times denying the public access to yet another alternative source of information. Meanwhile the attorney general’s office (AG) resuscitated charges against former journalists of the Daily News and The Daily News on Sunday for practising without MIC accreditation.

 

 

Once again, the MDC attracted the highest number of information rights abuses; 19 (53%) out of the 34 violations monitored in February. This represented an increase on January when the party was targeted 16 times. 

 

 

February also saw a rise in the measures taken by the authorities to clamp down on the media. In addition to the closure of The Weekly Times, the month witnessed seven (21%) violations against journalists. Notably, the police were implicated in five of the seven incidents in which journalists were victims. Only foreign correspondents and journalists from the private media were victims of information rights abuses committed during the month.

 

It is significant that the statistics reveal an increase in attempts to gag and harass the main opposition party and the independent media in the month preceding the March parliamentary election.

 

 

The Media and Information Commission (MIC) closed The Weekly Times on February 25. This was reported in The Herald and the Chronicle on February 26. According to the two papersthe MIC cancelled the license of the independent weekly after just eight editions for “misrepresentations or non-disclosure of material facts by the owners” in violation of Section 71 (1) (a) of (AIPPA)1. Both dailies quotedMIC chairman Dr Tafataona Mahoso as saying the owners of the paper misled the commission by undertaking to “focus on developmental journalism, bound by the ideals of impartial reporting and accurate gathering of news… [But] the core values, convictions and overall thrust were narrowly political, clearly partisan and even separatist, in contrast to what had been pledged in the registration papers.” The Mail and Guardian (SA), of February 25 quoted the owner of the paper; Godfrey Ncube2 as saying the MIC had notified them that "our licence has been cancelled for one year”. The Standard of February 27 and SW Radio Africaof February 28 also reported the closure.

The reasons for the closure of the paper demonstrate the MIC’s failure to fulfil its role to “ensure that Zimbabweans have access to information and effective control of the media services; …” as stipulated under Section 39 (1) (a) of AIPPA. In fact, the MIC’s action achieved the exact opposite.

 

The Weekly Times was the fourth private paper to be shut down by the MIC after The Daily News and The Daily News on Sunday in September 2003 and The Tribune on June 10 2004. The closure by MIC of these papers has severely diminished the democratic space for robust public debate in the country’s shrinking media market. The MIC’s action has entrenched the domination of the government-controlled Press (and electronic media), which continue to aggressively promote ruling party propaganda at the expense of independent sources of information.

 

 

There was an increase in the number of violations against journalists in February compared to the previous two months in which journalists were victimised once each in December 2004 and January 2005. February’s reported violations are listed here.

 

On February 12: Zim Online reported that police were looking for Cornelius Nduna a journalist over what the police described as “sensitive and security” videotapes they claimed he possessed. The online news service quoted Nduna’s lawyer Beatrice Mtetwa as saying she had met the police at the law and order section who told her they believed Nduna was “in possession of video tapes that are sensitive and a security concern”. Zim Online also quoted unnamed but “impeccable sources” within the CIO as having said they wanted to arrest Nduna in connection with a story broadcast by the British Broadcasting Corporation (BBC) in 2004 exposing human rights abuses by youths trained under government’s National Youth Training Service programme.

 

On February 12: Zim Online reported that state prosecutors had revived a case against former Daily News columnist Pius Wakatama who was charged under Section 80 (a) (ii) of the Access to Information and Protection of Privacy Act (AIPPA) over a story he wrote three years ago that was later proved to be false. Section 80 outlaws the publication of falsehoods knowing them to be false with offenders liable to a fine or a jail sentence of up to two years. Wakatama had repeated a story reported in The Daily News in which the paper alleged that farm workers of foreign origin at Reinham Farm outside Harare were left homeless when government supporters forcibly seized the property. Wakatama’s trial was set for March 10.

 

On February 15: The Daily Mirror, The Mail and Guardian Online (SA) and BBC News reported that on February 14 police raided the offices of three local journalists working for international news organisations; Angus Shaw (Associated Press), Jan Raath (The Times of Londonand Deutsche Presse) and Brian Latham (Bloomberg Economic News (SA)) and photographer Tsvangirai Mukwazhi, saying they were investigating a number of possible offences, including spying.

The Daily Mirror and The Mail and Guardian (SA), reported that the police also quizzed the journalists about their official accreditation with the MIC for possible violations of the Access to Information and Protection of Privacy Act. The Mail and Guardian (SA) quoted the journalists’ lawyer, Beatrice Mtetwa describing the police action as “harassment” [because] "police came to their office with three different sets of allegations, so it's obvious they don’t know what to charge them with.” The Mirror contacted police spokesperson Wayne Bvudzijena for comment but he was reported saying he was unaware of the raid.

 

On February 16: The South African Press Association (Sapa) reported that eight police officers and two government officials again raided the four newsmen’s offices the following day (see above) and conducted a lengthy search for evidence of what they said were "illegal activities". The news agency quoted the journalists’ lawyer, Beatrice Mtetwa, as saying the police did not produce any legal warrant authorizing the search saying the police claimed “they did not need one where an offence was suspected”. Sapa carried no comment from the police.

On February 25: The Daily News Online Edition reported thatthe board and management of Zimpapers had fired Chronicle editor Stephen Ndlovu in what the electronic newspaper describedas part of a purge of journalists in the government-controlled media who were considered loyal to dismissed former Minister of Information, Jonathan Moyo. According to the online news source, the board released a statement in which it stated that it had reached agreement with Ndlovu for the immediate termination of his employment. There was no comment from government or Ndlovu.

On March 1: The Daily Mirror reported that its correspondent in Manicaland, Netsai Kembo, was detained by police in unclear circumstances when he went to cover President Mugabe’s rally in Chimanimani on February 25. There was no police comment on the matter.

 

These violations demonstrate that the operating environment for journalists continues to remain hostile. Accredited journalists who simply practice their profession, i.e., gathering and disseminating information, live with the ever-present fear that they can be arbitrarily arrested, threatened or assaulted.

Such an intimidating environment encourages self-censorship by journalists and media houses for fear of falling foul of extremely repressive legislation. This can only happen to the detriment of the media-consuming public whose sources of information are compromised by this harassment.

 

The period under review marks a crucial point in the electoral process coming as Zimbabwe headed for the March 31 general election. Since the signing of the SADC Principles and Guidelines Governing Democratic Elections in August 2004 there was wide-ranging debate on Zimbabwe’s level of compliance. As one of the responsibilities of a member state holding elections, the SADC principles state that the member state should “safeguard the human and civil liberties of all citizens including the freedom of movement, assembly and association, expression, and campaigning …”.

 

The information rights violations catalogued below reflect only what the media reported and is not exhaustive. However, the rights violations illustrate that Zimbabwe needs to take more proactive measures to protect the public’s civil and political liberties in order to allow citizens unhindered access to these rights equally regardless of political, ethnic, religious or any other affiliation as stated in the constitution.

On February 1: The Chronicle reported intra-party violence in the Midlands province between two MDC factions the previous week in which supporters opposed to a Mrs. Mteliso’s nomination to represent the constituency in the March election allegedly beat her up, together with her supporters. The MDC youths allegedly attacked her when she arrived at the venue to celebrate her nomination victory. Police confirmed the incident but denied physical assault saying it was only a verbal exchange.

 

On February 5: Zim Online reported that police arrested 13 MDC supporters and fined them Z$25 000 each for allegedly insulting deputy Foreign Affairs Minister and ZANU PF candidate for Gwanda in the March general elections, Abednico Ncube, on February 2. According to the news service, the MDC activists waved at Ncube, which he claimed was an insult to him because the open palm is the symbol of the opposition MDC political party. According to Zim Online Gwanda police referred all questions to national police spokesperson Wayne Bvudzijena who was reportedly unreachable.

 

On February 8: The Daily Mirror reported that police arrested the MDC candidate for Zengeza, Goodrich Chimbaira,on February 6 on allegations that he had held an illegal meeting at his house in the constituency. The paper quoted Chimbaira’s lawyer Alec Muchadehama as saying his client was summoned to the police station on the pretext that MDC youths had been involved in violence but that on arrival he was accused of holding an illegal meeting at his house.

 

On February 11: The Herald and The Daily Mirror reported that 31 ZANU PF supporters led by Shepherd Tsomondo appeared in court on February 10 on allegations of beating up MDC supporters and stabbing a policeman. They were arrested and charged under POSA. The incident happened on February 5 in Norton. According to the two papers the court heard that when the police subsequently arrested one of the youths the ZANU PF supporters attacked a police station and assaulted police officers leaving one seriously injured from stab wounds.

 

On February 11: the Zimbabwe Independent reported that ZANU PF supporters in Hatcliffe, Harare, disrupted an MDC rally scheduled to be addressed by MDC candidate for Harare North Trudy Stevenson on February 6. According to the weekly, ZANU PF supporters invaded the venue to disrupt proceedings while some of the ruling party’s militants attempted to attack Stevenson’s sympathizers with sticks and stones but were stopped by the police.

 

On February 11: The Star (SA)reported that rival MDC factions clashed in Masvingo after MDC president Morgan Tsvangirai’s bodyguards barred supporters of incumbent MDC MP for the area, Silas Mangono, from attending the meeting leaving two local councillors injured on February 9. The Daily Mirror of February 10 also reported on the incident. The Star quoted the police saying they made no arrests but were still investigating.

 

On February 11: Zim Online (SA) reported that police barred independent candidate for Harare Central in the March 2005 general elections, Margaret Dongo, from entering Tomlison Depot to campaign in the constituency on February 5. The news service quoted from a letter written to Dongo by a police Superintendent A. Mpofu stating: “Please be advised that your application dated February 5 2005 (for permission to distribute campaign material in [Zimbabwe Republic Police] ZRP Tomlison Depot) has not been approved. Such activities are not allowed in our camp and may you please accept our position”.

 

On February 11: Zim Online reported that opposition MDC MP Tendai Biti was refused entry into Chikurubi Prison complex to campaign for his party. The report carried no comment from prison authorities.

 

On February 13: The Standard reported that police arrested more than 50 women in Bulawayo for marching to commemorate Valentine’s Day on February 12. AFP also covered the incident on February 12. The Standard quoted WOZA leader Jenni Williams who confirmed the incident, adding that women wearing red and white were indiscriminately harassed and arrested after the march. SW Radio Africa also covered the incident on February 14 and reported that the WOZA members were forced to pay fines of $25 000. AFP reportedly failed to get comment from police spokesperson Oliver Mandipaka. Both sources did not specify under what charges the women were held or made to pay fines.

On February 13: The Standard reported that on February 5 drunken soldiers beat up 15 MDC members in Nyanga and frog-marched them to a police station for holding a rally without permission from the army. The Zimbabwe Independent(February 11^th) also reported the incident. The Standard quoted army spokesperson Aggrey Hushe confirming the incident, but said the beatings had been sparked by a misunderstanding in a beer hall. The Standard also quoted MDC spokesperson for Manicaland Pishayi Muchauraya as saying the 15 were released on the same day after the intervention of Nyanga District commanding officer identified as Ngulube. Ngulube was also quoted as having said there had been an undisclosed misunderstanding between the opposition supporters and the soldiers adding, “The MDC supporters were never made to write statements by the police as there was no offence that they had committed”.

On February 14: SW Radio Africa reported that police arrested seven MDC activists in Bulawayo East constituency the previous day for distributing flyers and telling people that the MDC was participating in the forthcoming general elections. The private radio station quoted MDC spokesperson for Bulawayo, Victor Moyo, as saying that the police impounded the vehicle in which the activists were travelling and destroyed the opposition party’s flyers. The MDC supporters were fined $25 000 and released.

On February 16: SW Radio Africa reported that the police disrupted a training session of the MDC’s 120 parliamentary candidates earlier that day and arrested the party’s elections projects director, Ian Makone, at the Sheraton Hotel in Harare. The Daily Mirror (February 17) also reported the incident and quoted MDC spokesperson Paul Themba Nyathi as saying, “Three plain clothes details arrived and demanded to sit through the meeting. They then told the gathering that the meeting was illegal under the Public Order and Security Act (POSA) and that all those present should leave.” According to SW Radio Africa Makone was charged under POSA for organising an illegal meeting despite his pleas that it was a closed meeting and therefore police clearance was unnecessary. Neither story carried any police comment.

On February 17: SW Radio Africa reported that uniformed soldiers kidnapped an MDC branch chairman, Elisha Matiye, and took him to their base camp in Manicaland. The radio station quoted MDC Manicaland spokesperson, Pishayi Muchauraya who confirmed the incident but the story carried no comment from the army or the police.

 

On February 17: the Chronicle reported that police in Bulawayo arrested Samuel Maponde, the campaign manager for Bulawayo South MDC MP David Coltart and six other party supporters who were campaigning door-to-door to ascertain whether people in the constituency had registered to vote. According to the paper, they were later released after the officer commanding Bulawayo suburban district informed them that their campaign was illegal as they should confine their campaigns to political rallies. The Chronicle also reported that Coltart had filed a High Court challenge against the police move.

On February 18: SW Radio Africa reported that riot police beat up demonstrators the previous day and arrested 14 of them during a march in Harare organised by the National Constitutional Assembly (NCA) to demand free and fair elections and to denounce the “unfair electoral environment”. News24 (SA),also reported the story and quoted NCA spokesperson Jessie Majome as saying the police had barred the demonstration because, “it was an illegal march in terms of the Public Order and Security Ac”. Majome added: “We have always argued that this law is meant to infringe our right to freedom of assembly.” OnlyThe Daily Mirror of February 21 confirmed the arrests with the police. 

 

On February 21: The Daily Mirror reported that women and youths campaigning on behalf of ZANU PF’s incumbent candidate for Zengeza, Christopher Chigumba, were allegedly forcing constituents to buy ruling party cards and forcing them to attend ZANU PF meetings regardless of whether they were members or not. The people quoted by the Mirror claimed that the women were demanding ruling party membership cards and threatened unspecified action against those without cards or who refused to attend ZANU PF meetings. The story did not carry any police comment.

 

On February 23: The Herald reported that police arrested 12 suspected MDC supporters in Bikita, Masvingo, for allegedly threatening a ZANU PF supporter identified as Isaac Muchemi on February 17. SW Radio Africa, which reported the same incident, said the 12 were charged under POSA. The Herald quoted police spokesperson Wayne Bvudzijena confirming the incident, adding that the group had toy-toyed to Muchemi’s house shouting abuse and denouncing ZANU PF. When Muchemi tried to chase them away the group reportedly became violent and a report was made to the police who arrested the suspects.

On February 23: SW Radio Africa reported that ZANU PF youths4attacked MDC supporters in Insiza leaving one of them seriously injured while putting up campaign posters at a shopping centre for Siyabonga Malandu Ncube, the MDC candidate for the area. The radio station added that the youths removed all MDC posters from the centre. The Zimbabwe Independent of February 25 reported that several of those responsible for the violence were arrested. Neither source carried police comment.

 

On February 23: The Herald reported that five suspected MDC supporters attacked and injured a ZANU PF supporter in Unit D Chitungwiza for wearing a ZANU PF T-shirt. There was no evidence that the paper sought police comment.

 

On February 23: The Heraldreportedthat suspected MDC supporters loyal to MDC MP and candidate for St Mary’s, Job Sikhala, attacked and seriously injured a former MDC supporter, David Chipunza in Chitungwiza accusing him of supporting Tendekai Maswati, a former MDC official in Chitungwiza who is challenging Sikhala as an independent. There was no evidence that the paper sought police comment.

 

On February 23: SW Radio Africa reported that police arrested and severely assaulted an MDC activist, Mthandazo Mangena, while handcuffed after accusing him of distributing opposition party flyers in Bulawayo. He was also allegedly detained for two weeks before being released on bail. There was no evidence that SW Radio Africa sought police comment.

 

On February 24: The Herald and The Daily Mirror reported thata group of soldiers5 in Wengezi, Manicaland allegedly beat up three MDC parliamentary candidates6 and party officials on February 20 accusing them of selling the country out to the British. Both papersquoted Manicaland police as having confirmed the incident but reported that the Army in Mutare and Harare could not shed light on the issue. According to a Studio 7 report of February 21 one of the victims, Gabriel Chiwara and his election agent, Joseph Munhumumwe, reported the matter to the Mutare Rural Police station and a docket was opened. The police reportedly told them they would investigate the case. There were no reported arrests.

 

On February 24: The Daily Mirror and The Herald reported that on February 22 police arrested Godfrey Chimombe, the MDC’s election candidate for Shamva and five other MDC supporters at Madzura supermarket for putting up campaign posters on buildings without the owners’ permission. The Zimbabwe Independent of March 4 also reported the incident. The Herald quoted police spokesman Wayne Bvudzijena confirming the incident, adding that Chimombe was in breach of the Electoral Act, which forbids the pasting of posters on private property without the owner’s permission.

 

On February 24: Zim Online reported that suspected ZANU PF party militants waylaid and severely beat up 11 MDC activists who were putting up campaign posters at Reinham School in Norton. According to the news agency and the Zimbabwe Independent of March 4, the militants also confiscated the posters and party regalia the opposition supporters were wearing and burnt the material. Zim Online quoted MDC candidate for Manyame constituency under which Norton falls, Hilda Mafudze, as saying she reported the attack to police in Norton. Neither source carried police comment.

 

On February 26: The Herald reported that on February 24 police arrested the MDC candidate for Bindura, Joel Mugariri and Brian Mfuka the party’s candidate for Rushinga and five other supporters for putting up campaign posters on traffic signs along the Glendale-Bindura Road without permission7 from the local authority. According to Zim Online, the two, along with other MDC supporters, were putting up campaign posters when the police arrested them demanding to know whether they had permission from Bindura council. The Zimbabwe Independent of March 4 also reported the incident.

On February 27: The Standardreported that an Epworth man, Kapikinyu Murewa, appeared before a Harare magistrate charged under POSA for insulting President Mugabe saying "Mbanje dzinoshamisa chii? Kana President Mugabe anoputa mbanje.” (There is nothing unusual about smoking mbanje. Even the President smokes it). According to the paper Murewa allegedly made these remarks while travelling in a commuter omnibus after another passenger had warned him that it was a crime to smoke mbanje, which he had confessed to smoking. A man who identified himself as a soldier, David Shangura, reported the matter to the police. According to The Standard, Murewa made the statements some time in January.

 

The violations of the right to freedom of association, assembly and expression listed above illustrate the failure by government to uphold these rights as stipulated under the constitution and the SADC Principles and Guidelines.

An emergent feature over the past three months has been the arrest of individuals under Section 16 of POSA for insulting the President. The arrest of individuals like Kapikinyu Murewa referred to above demonstrate the extent of government’s intolerance to freedom of expression. It is also a sign that Zimbabwe has, over the years, degenerated into a totalitarian police state where secret agents eavesdrop on private conversation and have individuals arrested.

 

There is no way a free and fair election can be held in such an environment where the public, the media and opposition political parties live a censored life for fear of arrest and harassment. Free speech is an essential element of democratic elections.

 

 

 

 

The Zimbabwe Broadcasting Holdings (ZBH) continues to maintain a stranglehold on the broadcasting sector. However, it appears the national public broadcaster may have a competitor in the not-too-distant future.

Thomas Mandigora, the chief executive officer of the Broadcasting Authority of Zimbabwe (BAZ) announced that five organisations had applied for broadcasting licences by its January 31 deadline8. However, Mandigora revealed the extent of official paranoia surrounding the granting of licences to independent operators when he was quoted in the same paper as having said, “I believe that there could be a hidden agenda in some applications. I do not know where some of them would get the money to pay for the licences and other things. Is it from foreign or domestic sources? …For example, where would one get $400 million for a community broadcasting licence?”

Such comments corroborate fears that the stringent licensing requirements were introduced to deter new players from entering the broadcasting sector. ZBH’s continuing ‘de facto’ monopoly of broadcasting five years after it was struck down as unconstitutional by the Supreme Court, illustrates the government’s disregard for the law and remains a clear example of depriving the public of their right to freely access information sources of their choice.

 

 

 

In principle, the introduction of regulations ensuring equitable access to the national public broadcasting authority’s stations by political parties was a sign of democratic progress in Zimbabwe’s media field. But the Broadcasting Services (Access to radio and television during an election) Regulations 2005 gazetted on February 16 have several negative implications for the exercise of freedom of expression by political parties during an election period9.

 

There does not appear to have been any consultation among contesting parties and the media on the best way to utilise this access in the public interest. In fact, the regulations appeared to have been drawn up by the Minister of Information, an official of ZANU PF, which is one of the contesting parties.

 

In addition, equitable access should not be considered an “electoral privilege” valid only for a limited period before an election; it is the mandate of the national public broadcaster to provide fair and balanced coverage of political parties’ activities at all times, as well as providing equitable access to the airwaves. Thus, regulations that are valid for only 33 days before polling represents exactly the opposite to a democratic safeguard that ensures freedom of speech. In the event, the failure by ZBH to abide by these regulations, even during the “election period”, demonstrated a clear lack of political will to enforce them and reflected the overwhelming bias of the public broadcaster in favour of the ruling party in the years prior to the March election at the expense, particularly, of the main political opposition.

Also, the announcement of the regulations just eight days before they came into force came too late for political parties and individual contestants to budget for and produce material for broadcasting.

 

The regulations also set prohibitive advertising rates that clearly hinder access to the electorate by political parties with limited financial resources to. For example, a 60-second advert on Radio Zimbabwe during prime time was pegged at $1 400 000 while the same advert went for $3 780 000 on ZTV.

 

 

In similar vein, the Chronicleand The Herald of February 11 quoted the Minister of Information at the time, Jonathan Moyo, saying Section 3(c) (IV) of the Electoral Act, which provides for “reasonable access to the media to contesting political parties and their candidates” referred only to “access to radio and television free-to-air broadcasting and not the print media”.

 

Moyo’s argument, according to the Chronicle, was that “the print media is regulated under AIPPA and this law did not have any provision that enables any political party to claim the right of coverage during an election as a matter of entitlement outside the normal professional and ethical business of news and information reporting including carrying commercial advertisements at commercial rates. …”.

 

However, the government-controlled Press, like its electronic counterpart, receives public funds and is therefore also obliged to give fair and impartial coverage to all parties and opinions whether there is a law prescribing such a policy or not.

 

Ends//

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