US embassy cable - 02HARARE2409

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Identifier:	02HARARE2409
Wikileaks:	View 02HARARE2409 at Wikileaks.org
Origin:	Embassy Harare
Created:	2002-11-05 09:58:00
Classification:	UNCLASSIFIED
Tags:	PHUM KPAO ZI
Redacted:	This cable was not redacted by Wikileaks.

UNCLAS HARARE 002409 
 
SIPDIS 
 
DEPT FOR AF/PD, AF/S, AF/RA, AF/PDPA 
 
NSC FOR JENDAYI FRAZER 
LONDON FOR GURNEY 
PARIS FOR NEARY 
NAIROBI FOR PFLAUMER 
 
E.O. 12958: N/A 
TAGS: PHUM, KPAO, ZI 
SUBJECT: DATE SET TO HEAR AIPPA CHALLENGE; HARARE 
 
 
1.   On November 21 Zimbabwe's Supreme Court will hear 
    a challenge to the controversial Access to Information 
    and Protection of Privacy Act (AIPPA).  The case, 
    brought by journalists working in Zimbabwe's privately 
    owned media, seeks the Court's ruling on the 
    constitutionality of several important sections of the 
    AIPPA.  November 21 is also deadline for journalists to 
    comply with AIPPA registration requirements. 
 
2.   The legal challenge to AIPPA focuses on sections 
    of the Act proscribing "abuse of journalistic 
    privilege" and "publishing falsehoods."  In October the 
    Government of Zimbabwe introduced amendments to AIPPA 
    in an attempt to clarify some of the Act's vague 
    language, but journalists here remain convinced that 
    the Act violates constitutional guarantees of freedom 
    of expression.  The suit also challenges the unchecked 
    powers of the government's Media and Information 
    Commission (set up as part of AIPPA) and the mandatory 
    registration of journalists and media organizations by 
    November 21, 2002. 
 
3.   Journalists who are party to the suit are not 
    sanguine about its outcome.  The government has forced 
    the retirement of respected justices and appointed 
    replacements and additional justices who are clearly 
    sympathetic to the current government's political 
    agenda.  The Supreme Court is most likely to dismiss 
    the challenge to AIPPA.  Journalists understand this 
    but believe that challenging the law is the only 
    principled action to take.  They also hope that the 
    challenge will generate new international awareness of 
    the continuing restrictions on civil liberties and 
    human rights in Zimbabwe. 
 
WHITEHEAD