Formation of inclusive government poses serious professional and ethical challenges for the media

MISA-Zimbabwe Monthly Alerts Digest February 2009
The formation of the inclusive government comprising the two MDC formations and Zanu PF poses serious professional challenges for the Zimbabwean media used to partisan reportage prior to the coming into being of the transitional arrangement.


Speaking on the role of the media in transitional states in Bulawayo on
13 March 2009 South Africa's Press Ombudsman Joe Thloloe, said the
media in Zimbabwe is still to come to grips with the new dispensation
and should get used to doing things differently. The worrying thing is
the media is not capturing the changing texture of the Zimbabwean
situation.
Thloloe who is also the chairperson of the Institute for the
Advancement of Journalists (IAJ) which was engaged by MISA-Zimbabwe to
co-facilitate the two-day workshop on Reportage in Transitional States,
drew comparisons of the Zimbabwean situation with South Africa's
challenges during its transition from apartheid to democracy. He said
Zimbabwe's own transition phase required its media to revisit the
ethical and professional demands of the journalism profession as
opposed to reporting in the pretty predictable fashion that preceded
the establishment of the inclusive government.
It is an exciting period. The transition is never ending and what is
critical is to learn how to cope with change. Its back to basics (of
the profession) as that is the only way to cope with change. This is
the time to question everything that we do. Transition does not only
happen at government levels but it should also happen in the newsroom,
said Thloloe
More than 25 senior Zimbabwean journalists drawn from both the public
and private media attended the workshop facilitated by MISA-Zimbabwe in
conjunction with the Johannesburg-based Institute for the Advancement
of Journalists (IAJ).
Organised on the backdrop of the formation of the inclusive government
following the signing of the Global Political Agreement by Zanu PF and
the two MDC formations on 15 September 2009, the workshop focused,
among other critical issues, on media ethics and how the media can
identify and pin the contextual transitional issues and the key
players, target audience and key stakeholders.
IAJ's head of print media department and its Africa programme
co-director Shehnaaz Bulbulia, took the participants through the
motions of pinning the contextual transitional issues, sourcing and
mapping story ideas as well as understanding the socio-economic ,
cultural and religious demographics of given communities and societies.
MISA-Zimbabwe Chairperson Loughty Dube said the workshop could not have
come at a more opportune moment for Zimbabwean journalists following
the signing of the Global Political Agreement (GPA) and subsequent
formation of the inclusive government. Dube said this called for self-
introspection on the part of the media and the challenges and
responsibilities it faces in the transition period.
He said MISA Zimbabwe had over the last two years consistently
committed itself to a number of key principles concerning media reform
in Zimbabwe. Given that there is a semblance of transition that is
taking place in Zimbabwe and with the establishment of an inclusive
government, the opportunities for media reform may be within reach, it
is necessary to reiterate some of these principles.
MISA Zimbabwe, he said, remains committed to self-regulation of the
media as opposed to statutory regulation imposed in terms of the Access
to Information and Protection of Privacy Act (AIPPA) and would also
continue to press for a constitutional provision that explicitly
guarantees media freedom.
Dube said MISA-Zimbabwe would therefore engage the government,
parliament and other media stakeholders as well as regional and
international bodies in pursuit of its objectives and principles.
Turning to the workshop, he said he hoped that it would assist in
improving reportage underpinned by:
Objective conflict analysis
Searches for new voices and ideas
Ethical journalism that is sensitive to hate speech, xenophobia, gender and discrimination
Engaging the community in the search for peace, justice and national reconciliation
Maintaining a watchdog role over the three arms of the state to foster
accountability, transparency, good governance and respect for human
dignity
It therefore behoves us as a profession to remain seized with our
great responsibilities of ensuring that as the politicians hug and
embrace in the context of the inclusive government, the masses do not
continue to suffer. I implore fellow journalists and colleagues of
the great responsibility of the profession in fulfilling and securing
the democratic aspirations of Zimbabweans for generations to come, he
said.

Summary of Media Alerts: Month of February 2009

Victim/concerned
party

Violation/event/issue

Date

Status
of matter

Jestina Mukoko, director
of the Zimbabwe Peace Project and former news anchor with ZBC Television

High Court judge Justice
Chitakunye heard submissions in a bail application by Mukoko who is suspected of
committing acts of banditry and insurgence, with the defence arguing that there
was no basis for denying her bail. Defence lawyer Harrison Nkomo argued that the
state's assertions that Mukoko's bail application cannot be heard in the High
Court because she has not been formally charged were defective.

2 February
2009

Nkomo argued that any
accused person who is in custody could apply for bail at anytime regardless of
whether one has been formally charged or not.

Judge Chitakunye set ruling
for 4 February 2009.

Professor Welshman Ncube,
Chairperson of the Joint Monitoring and Implementation Committee (JOMIC) for
the month of February

Ncube urged Zimbabwe's
public and private media to shun hate language and work towards promoting
national healing as Zimbabwe takes baby steps towards the implementation of an
inclusive Government.

6 February
2009

He was speaking at a
meeting with representatives of media houses on 6 February 2009 saying the media
has an important role to play in reducing the political tension that gripped
Zimbabwe over the past 10 years.

Zimbabwe Broadcasting
Corporation chief correspondent, Reuben Barwe; diplomatic correspondent Judith
Makwanya; current affairs producer Musorowegomo Mukosi; acting chief executive
officer (CEO) Happison Muchechetere, Zimbabwe Newspapers (CEO) Justin Mutasa,
Herald editor Pikirai Deketeke
;
Herald senior assistant editor Caesar Zvayi and Sunday Mail political editor Munyaradzi
Huni.

The journalists and senior
managers with the state media are added to the European Union’s (EU) targeted
sanctions lists for whipping up a government orchestrated terror campaign before
and during the June 2008 presidential election
runoff.

9 February
2009

They are also accused of
being involved in activities thatseriously undermined freedom of expression and
the media in Zimbabwe.

Jongwe Printers, a company
owned by Zanu PF and the political party's mouthpiece The Voice were also placed on the
sanctions list.

Shadreck Manyere,freelance
photojournalist

The magistrates' court
heard how prison officers had whisked detained freelance photojournalist
Shadreck Manyere from the Avenues Clinic in Harare on 6 February 2009 before he
had been accorded full medical treatment. Defence lawyer Aleck Muchadehama
described to Harare magistrate Gloria Takundwa how Manyere was forcibly taken
away from the clinic by prisons officers without any explanation and without due
regard to his medical condition. This was despite an existing order by High
Court judge Justice Tedious Karwi for the state to complete investigations on
allegations by the accused that they had been tortured while in unlawful
detention.

9 February
2009

The magistrate directed the
state to submit a report on the complaints raised by the accused and to inform
both the court and accused on the progress of investigations as well as obtain a
report from prison officials on why they disrupted Manyere's medical treatment
at the Avenues clinic.

Morgan Tsvangirai, Prime
Minister-designate

Prime Minister-designate
Morgan Tsvangirai assured Zimbabweans of intense efforts underway to release by
11 February 2009 detained photojournalist Shadreck Manyere and human rights
activist Jestina Mukoko detained together with other pro-Movement for Democratic
Change activists.

10 February
2009

Tsvangirai said the Joint
Monitoring and Implementation Committee (JOMIC) were urgently seized with the
matter.

Jestina
Mukoko

Harare magistrate Gloria
Takundwa ruled that Mukoko should be released into the custody of a well
equipped and functional hospital for medical examination and treatment.

11 February
2009

Magistrate Takundwa stated
that she expected both parties to furnish the court with copies of the medical
affidavits in question before making a ruling on 13 February 2009 to determine
whether or not Mukoko should remain detained at the Avenues Clinic in
Harare.

Jestina
Mukoko

Mukoko was released into
the custody of the Avenues Clinic for medical attention in compliance with
Magistrate Takundwa's ruling on 11 February
2009.

12 February
2009

Another ruling before the
same court to determine whether Mukoko should remain detained at the Avenues
Clinic is scheduled for 13 February 2009.

Jestina
Mukoko

Magistrate Takundwa ruled
for the further detention of Mukoko into the custody of the Avenues Clinic for
medical treatment as recommended by a state doctor who said she was very ill.

The magistrate ruled that
both the medical affidavits submitted by the state and that of the accused's own
doctor were in agreement pertaining to the critical condition of the accused.

13 February
2009

The magistrate said both
the state and defence should come back to the court on 27 February 2009 to brief
the court on Mukoko's medical condition.

Committee to Protect
Journalists (CPJ)

The Committee
to Protect Journalists (CPJ) wrote to Zimbabwe's new Prime Minister Morgan
Tsvangirai urging him to act swiftly and scrape repressive media laws and lift
the ban on several newspapers including the Daily News forced to close six years
ago by the Media and Information Commission, a statutory media regulatory body.
The CPJ also implored Tsvangirai to secure the release of Shadreck Manyere and
Jestina Mukoko. They reminded Tsvangiraithat he and his Movement for Democratic
Change (MDC) party had long campaigned for a free press and should live up to
their promise.

16 February
2009

The Daily
News and its sister publication The Daily News on Sunday published by the
privately owned Associated Newspapers of Zimbabwe were closed in September 2003
by the MIC under the restrictive Access to Information and Protection of Privacy
Act (AIPPA). Two additional privately owned publications The Tribune and Weekly
Times were to meet with a similar fate in terms of AIPPA.

Shadreck
Manyere

Magistrate Takundwa
postponed remand proceedings against Manyere after prisons officials failed yet
again to bring him to court citing transport fuel shortages.

16 February
2009

The state told the court
that it was not its duty but that of prison officials to ensure the accused is
brought to court.

Magistrate Takundwa,
however, said the state should ensure such
attendance.

Magistrate Takundwa
deferred the matter to 18 February 2009.

Shadreck
Manyere

Harare High Court judge
Justice Yunus Omerjee postponed to 19 February 2009 ruling on a bail application
by Shadreck Manyere accused of acts of banditry.

18 February
2009

The judge deferred ruling
on the matter to allow the prosecution and defence to peruse a police report on
allegations by Manyere that he was tortured while in unlawful detention. The
allegations are supported by medical affidavits submitted by Doctors Douglas
Gwatidzo, Frances Lovemore and Dr Harawa. The State represented by Ziyambi,
argued against placing Manyere on bail stating that there were outstanding
issues that needed revisiting which the accused was likely to interfere
with.

Shadreck
Manyere

Manyere is
being charged under Section 23 (1) (2) of the Criminal Law (Codification and
Reform) Act which criminalises acts of insurgence, banditry, sabotage or
terrorism or alternatively Section 143 of the same Act which relates to
aggravating circumstances in relation to malicious damage to property.

19 February
2009

Justice Omerjee dismissed a
bail application by Manyere saying he was facing a serious offence. Justice
Omerjee ruled that the photojournalist had been found in possession of rounds of
ammunition and faced a serious charge making him an ineligible candidate for
bail.

However, the other four
accused together with Manyere had on 19 December 2009 been admitted to bail by
Justice Omerjee but the state immediately noted an appeal against the judge's
decision resulting in the suspension of the bail they had been granted.

Shadreck
Manyere

Manyere is
being charged under Section 23 (1) (2) of the Criminal Law (Codification and
Reform) Act which criminalises acts of insurgence, banditry, sabotage or
terrorism or alternatively Section 143 of the same Act which relates to
aggravating circumstances in relation to malicious damage to property.

20 February
2009

In her ruling, Magistrate
Takundwa ordered the State to comply with court orders for Manyere's medical
examination and treatment. She also ruled that the State expeditiously set a
trial date as the accused has remained in custody.

Jameson Timba, The Deputy
Minister of Media, Information and Publicity

The newly appointed Media,
Information and Publicity deputy minister Jameson Timba promised to restore
media freedom in Zimbabwe by immediately returning closed publications, and
freeing the airwaves in accordance with Article 19 of the Global Political
Agreement (GPA).Article 19 of the GPA states the government shall ensure the
immediate processing by the appropriate authorities of all applications for
re-registration and registration in terms of both the Broadcasting Services Act
(BSA) and the Access to Information and Protection of Privacy Act (AIPPA).

20 February
2009

Minister Timba emphasised
the ministries mandate, as that of embarking on media reforms that would create
an open media environment and in particular the revision of existing media
legislation in order to promote democracy through freedom of expression and the
media. He also gave assurance that he would look into the issue of banned
international news organisations such as British Broadcasting Cooperation (BBC)
and the Cable News Network (CNN).

Ministries of Media,
Information and Publicity, and Information Communication
Technology

Ministries of Media,
Information and Publicity, and Information Communication Technology on 24
February 2009 reportedly met with the Postal and Telecommunications Regulatory
Authority of Zimbabwe (POTRAZ) and the chief executives of the country's cell
phone and telephone service providers to probe a review of the current tariff
structure.

24 February
2009

This came after phone
service providers were last month licensed to charge their tariffs in foreign
currency, causing an immediate outcry from the public which the Ministers'
raised as a concern. The Ministers of Media, Information and Publicity, and
Information Communication Technology, Webster Shamu and Nelson Chamisa,
respectively, were sworn in on February 13, 2009. However, it is still not clear
what portfolios each of the ministries handle.

Jestina
Mukoko

Magistrate Gloria Takundwa
postponed Mukoko's case to 4 March 2009. The application for postponement by the
defence counsel was not opposed by the state. Defence lawyer Alec Muchadehama
cited the fact that postponement was necessary since there was an application
before the Supreme Court which had a material bearing on the proceedings in the
lower court. The lawyer also noted that they would soon make an application for
refusal of further remand.

27 February
2009

Mukoko remains detained at
the Avenues Clinic.

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