7 april 2003
MediaNews 09 - April 2003
AIPPA turns independent Zimbabwean media into the enemy
News
By Ish Mafundikwa

The signing of the AIPPA into law by President Mugabe days after his controversial re-election in March 2002 was like a declaration of war on non-government media. After a difficult relationship with the non-government media over the years, the infamous AIPPA (Access to Information and Protection of Privacy Act) makes an enemy of whoever tries to present the Zimbabwe story as it is.
Ish Mafundikwa

After repeating the lie that the British are behind Zimbabwe’s problem because they want to re-colonise Zimbabwe, it became easy for the government to cast those who dare question its policies as enemies. Journalists in the ‘independent’ media are the targets, while those who work for government media can demonise, insult and lie with impunity.

The architect of the act is none other than Zimbabwe’s leading political chameleon, Jonathan Moyo. For years a fierce critic of President Mugabe, he re-invented himself as a loyal member of the ruling party and is now Minister of State for Information and Publicity.

Since it’s becoming law, numerous journalists have been arrested and charged for violating sections of the act but the government is still to win a conviction. Whatever the outcome of the cases, the fact remains that if a journalist writes something the government does not agree with, he or she can be arrested and detained for a night or two or even longer in police cells.

‘Admission of guilt’

From personal experience, that in itself is punishment enough. Last February I was a ‘guest’ of the police for more than twenty-four hours. Not for breaching any section of AIPPA but for trying to alert other journalists that a colleague from ‘The Daily News’ was being arrested.

I was charged with ‘Undermining of police authority’ under the equally oppressive Public Order and Security Act (POSA), which is applied selectively against those who dare question the policies of Mr. Mugabe.

My ‘crime’ attracts a fine of not more than Z$20 000 or imprisonment not exceeding two years or both. The police were however willing to let me go if I paid a Z$3 000 ‘admission of guilt’ fine. I refused, choosing to go to court the next day. For spurning the police offer, I was detained overnight. I was released without charge the next day.

Obnoxious piece of legislation

AIPPA lists a number of ‘rights’ that a journalist enjoys. Rights, which can only be enjoyed if one is accredited by a commission, appointed by minister Moyo. To be accredited one must be a Zimbabwean citizen or have permanent residence status.

Some (including Moyo) have argued that this creates space for Zimbabwean journalists to work for foreign media organisation. The truth however is that it is easier for the authorities to deal with local errant journalists than with foreigners. Foreigners can only be accredited for a limited period.

To be accredited one has to fill in a form that gives such personal information as marital status, passport number, residential address and qualifications.

Before, media organisations vowed they would defy the act. But by the deadline most journalists had applied for accreditation. While most journalists have received their accreditation cards, a few have had their applications turned down.

Some, including this writer and the majority of reporters at ‘The Daily News’, have refused to legitimise this obnoxious piece of legislation. ‘The Daily News’ and the Independent Journalists Association of Zimbabwe among others are challenging the constitutionality of the act in the Supreme Court.

Lack of support

In the meantime we cannot get accreditation to cover parliament or attend government press conferences. I think it is a very small price to pay for not compromising. Of course we are breaking a law and face heavy penalties when the government decides to act but some of us feel very strongly about this assault on freedom of expression.

The police however are as always quick to use laws such as AIPPA to harass innocent citizens. The weekend after my night in jail, I was in a group of reporters when police who demanded our ‘licences to be journalists’ approached us. I protested that they had no right to ask for the cards and produced my national identification card. I was only released after being taken to the police station ‘for clarification.’

The most difficult part of the sad state of affairs for journalists in Zimbabwe is the lack of support from media organisations. More than a month after my arrest, I am still to hear from any one of the organisations that rushed to issue statements about my arrest. I am lucky in that one of the organisations I free-lance for provided me with a lawyer when I got arrested. I feel sorry for those not so lucky to have the connections I have.

Ish Mafundikwa is a freelance journalist, who works and lives in Zimbabwe. He writes for several media and press agencies. ish@zol.co.zw