By IPS Correspondents
HARARE, Feb 2 2002 (IPS)

Zimbabwe’s Minister of Information, Jonathan Moyo’s attempt to pass a controversial media law – in its original form – failed this week, after members of his ruling ZANU-PF and the opposition Movement for Democratic Change (MDC) ganged up against it.

After two months of intense debate by the legislators and a heavy lobbying, the bill passed Thursday night but with major amendments that at least guarantee some level of press freedom.

It now awaits President Robert Mugabe’s signature before it becomes law.

The new bill does not ban foreign ownership of the media and foreign journalists can operate after being accredited by the Media Commission to be created by the government.

The legislators rejected a bid by Moyo to have journalists licensed by his ministry, arguing the requirement was both illegal and unconstitutional. But local journalists will be required to be accredited by Moyo as was the case before.

Under the new law, foreigners will be excluded only from owning a controlling interest in a media organisation, while existing foreign media houses will not be affected.

Another bid by Moyo to have the Media Commission, whose members he sought to appoint, to scrutinise decisions of the High Court and Supreme Court, was also shot down by the MPs.

The Commission, under the revised bill, will have members seconded by the media houses and unions. The new bill seeks to make all public records open to public scrutiny.

The changes to the new bill did not come without a fight.

The chairperson of the Parliamentary Legal Committee, Eddison Zvobgo told the House that more than 20 sections of the bill violated sections 16, 18 and 20 of the Constitution’s Bill of Rights which deal with protection of property, protection of the law and freedom of expression.

Zvobgo said Moyo’s move to order the police to invade media houses and confiscate their property was unlawful.

His observations were seconded and defended by Patrick Chinamasa, the Minister of Justice, Legal and Parliamentary Affairs and Andrew Chigovera, the Attorney General. Chigovera is the government’s legal advisor.

Zvobgo said the bill in its original form was “dangerous, undemocratic and a complete violation of people’s fundamental liberties”.

He said it was unlawful to stop foreigners from working as journalists in Zimbabwe.

Most journalists, working for independent press, in Zimbabwe said they would not respect any aspect of the bill that they deem are unconstitutional.

On Wednesday two reporters, Rhoda Mashavave and Foster Dongozi from ‘The Daily News’, the country’s only independent daily, were arrested.

The police also picked up Cornelius Nduna, of the ‘Standard’ weekly, when about 60 journalists protested against the bill outside Parliament in the capital, Harare.

Some journalists described the original bill as draconian and unacceptable in the new information age.

Reacting to the new bill, Luke Tamborinyoka of the Zimbabwe Union of Journalists (ZUJ) said the final bill still possessed repressive clauses.

“The bill itself is still oppressive. But when juxtaposed against the minister’s original intention against the independent media journalists, the new legislation is a defeat of Jonathan Moyo’s ego and malice. That in itself is a victory for democracy,” Tamborinyoka said.

He said even though Moyo had conceded allowing media unions to make their own nominations to the Media Commission, he can still appoint six of his supporters into the same commission.

“If our experience of the Media Ethics Committee is anything to go by, the Media Commission might include Moyo’s cronies, most of who have never held a pen,” he added.

Basildon Peta, secretary general of ZUJ, said his organisation would challenge any part of the new law that infringes freedom of expression as enshrined in the Constitution.

“Those changes are not enough because as an organisation we are against any move by the government of the day and any other government to muzzle the press. We believe that the media can self- regulate itself without the government’s interference,” he said.

Moyo also failed to stop local journalists from writing for international publications. The revised bill says they need only their employers’ permission to write for such publications.

Government’s assault on the media started last year when Moyo ordered the deportations of Joseph Winter, the BBC correspondent, and Mercedes Siyagues of The Mail and Guardian newspaper in South Africa. He said the two were spies and a security risk to the country.

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