After arrests and strict laws, editors are practicing self-censorship to safeguard their organizations. This week, Faith Zaba, editor of t...
This week, Faith Zaba, editor of the Zimbabwe Independent, appeared in court facing charges of "insulting or undermining the President" due to content featured in the satirical Muckraker column. The case has raised alarm among media professionals regarding the decreasing room for critical reporting. Alpha Media Holdings (AMH), represented by its editor-in-chief Kholwani Nyathi, was also charged alongside Zaba. Another senior AMH journalist, Blessing Mhlanga, head of Heart and Soul Television (HSTv), is scheduled to appear in court on December 8. He is accused of "inciting violence" for allegedly airing a video statement from war veteran Blessed Geza urging President Emmerson Mnangagwa to resign immediately. HSTv has also been charged in relation to the same video. Zaba could face up to one year in prison, a fine, or both if found guilty under the Criminal Law (Codification and Reform) Act. Meanwhile, Mhlanga could be imprisoned for up to five years and fined as much as US$700 under the 2021 Cyber and Data Protection Act. Below is an article published by GroundUp last month, highlighting worries about recent events in Zimbabwe:
After arrests and strict laws, editors are practicing self-censorship to safeguard their organizations.
The press is being increasingly viewed as a criminal activity in Zimbabwe. Government monitoring, arrests, and imprisonments have generated an atmosphere of dread within newsrooms, while a new law will place investigative reporting under immediate government oversight. This is expected to significantly complicate the acquisition of donor support, which is crucial for maintaining journalistic efforts.
This year, the Zimbabwean authorities have detained and brought charges against multiple prominent journalists, such as Zaba, Mhlanga, and Nyathi.
Police detained Mhlanga following his conversation with Blessed Geza, who alleged corruption against Zimbabwe's President Emmerson Mnangagwa and called for his resignation. Mhlanga remained in pre-trial custody for 72 days, during which he faced mistreatment by the police. The legal proceedings are still in progress.
In July, the Mnangagwa government detained Zaba on "insult" charges after she wrote a humorous political piece about Mnangagwa's time as head of the Southern African Development Community. She was accused of challenging the President's authority or showing disrespect, and was held for three days even though she was unwell and had surrendered herself. Her arrest drew strong criticism from journalists and Amnesty International.
The editor-in-chief of Zimbabwe's leading private media company, Alpha Media Holdings, which operates the Independent and HSTV, Nyathi, was charged together with Zaba. The trial of the two was initially set to start on October 31 in Harare, but has been moved to November 19 and 20.
Last year, The NewsHawks had to abandon an inquiry into military housing corruption due to pressure from the Zimbabwe Defence Forces and the government.
With heightened monitoring, the journalist looking into the situation was forced to move his family. The military and spokesperson for Mnangagwa, George Charamba, acknowledged that a military inquiry was taking place, but cautioned the media outlet against covering the topic, stating it was a matter of national security.
The military announced it would release a public statement once its inquiry was finished, but has not done so yet.
Zimbabwe's Bill of Rights might ensure media freedom, yet journalists continue to encounter the possibility of being arrested, charged, or subjected to other forms of intimidation. Chris Mhike, a legal representative for Zaba and Mhlanga, claims this occurs because Zimbabwe possesses "too many laws" that conflict with the constitution, such as various sections within the Criminal Law Code, which significantly endanger press freedom. For instance, several individuals have been charged with allegedly challenging the President's authority or showing disrespect towards him.
Mhike states: "A series of additional media regulations has made things worse by keeping a substantial level of fear and anxiety in our working environment, related to potential legal issues. Journalists who have not yet been affected by the strictness of our media laws often self-censor to avoid legal complications."
The Act on the Interception of Communication serves as an additional instrument employed by the government to suppress media activities. It grants state security organizations extensive authority to monitor phone conversations and digital communications. Due to the knowledge that the state can readily track their calls, numerous journalists cease investigating certain stories out of fear of being arrested. "The procedure for contesting the legitimacy of these laws is time-consuming and excessively costly," notes Mhike, who further mentions that reporters are frequently placed in extended pre-trial detention. This situation occurred with Mhlanga and Hopewell Chin’ono.
"This often acts as a reminder to other journalists that criticizing the current situation, or being linked with those who disagree, can quickly cause significant damage to the person delivering the message (the journalist)," he stated.
Additional regulations that have been used to limit press freedom include the Cybersecurity and Data Protection Act (2021), designed to oversee data management and online criminal activities.
It enables authorities to obtain subscriber information from telecommunications companies with minimal supervision. It also makes it illegal to share any information considered "false," which could be used to prosecute standard reporting activities.
The 2023 Criminal Law (Codification and Reform) Amendment Act expands the legal framework, criminalizing the "intentional damage to Zimbabwe's sovereignty and national interests," a provision that can be interpreted to cover critical journalism.
New amendments to the Private Voluntary Organisation (PVO) Act will establish a different framework for how non-profit journalism functions. Public interest and investigative media groups in Zimbabwe function as non-profit entities and get financial support from global partners.
They are required to register as PVOs under stringent rules, or risk facing criminal charges.
To become a PVO, the state must first conduct an interview and give approval to the organization's board members. If the activities of any PVO are considered not to be in the national interest, the government has the authority to replace board members, take control of the company's assets, or shut it down entirely.
"That scenario inherently results in the erosion of the independence that numerous press freedom organizations and non-profit investigative journalism outlets once had," Mhike states.
Many independent journalists who previously depended on the support of pro-media trusts now face significant limitations due to the new legal regulations.
Njabulo Ncube, head of the Zimbabwe National Editors Forum (Zinef), states, “The PVO Act enables the government to monitor individuals, which is detrimental in a democratic society.”
The secretary general of the Zimbabwe Union of Journalists, Perfect Hlongwane, claims that legal restrictions are impeding investigative reporting, especially in uncovering instances of corruption.
"Obtaining licenses and accreditation is another method they employ to regulate journalists," Hlongwane states, noting that journalists are already practicing self-censorship.
Although a 2014 Constitutional Court decision declared criminal defamation unconstitutional, reporters still encounter legal action due to vaguely worded "false news" provisions that target the spread of misinformation or the promotion of public unrest, as seen in the 2020 case involving Chin’ono.
Nigel Nyamutumbu, who leads the Media Alliance of Zimbabwe—a coalition of media support groups—states that while Zimbabwe possesses certain forward-thinking laws, such as the acknowledgment of freedom of expression or media freedom, it also contains numerous provisions that are being utilized to prosecute journalism.
"We face structural political challenges that must be tackled, indicating a reduction in the country's democratic dialogue," states Nyamutumbu.
l This narrative was created by the IJHUB network for GroundUp.
l The author's name has been kept confidential for their protection.
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