24 September 2003

Alert

"The Daily News" challenges refusal of licence by MIC; MISA-Zimbabwe told to register


Incident details

legal action
(MISA/IFEX) - On 23 September 2003, the Associated Newspapers Group (ANZ), publishers of "The Daily News" and "The Daily News on Sunday" newspapers, filed an application with the Administrative Court challenging the Media and Information Commission's (MIC) refusal to grant them an operating licence.

MIC Chairman Tafataona Mahoso confirmed that the ANZ had filed an application with the court and that a copy of the application was served to the MIC office.

Mahoso said that in its application the ANZ asked the court to overturn the commission's decision not to register the group as a media service provider. The ANZ claimed the commission was completely biased, arguing that the refusal to grant them a licence was not based on facts. In an interview with the "Herald" newspaper, Mahoso dismissed the ANZ allegations as "frivolous and vexatious."

On 22 September, ANZ Director of Corporate Affairs Gugulethu Moyo was quoted in a MISA-Zimbabwe publication as saying the ANZ would argue to the Administrative Court that the MIC was improperly constituted, since media house and journalists' associations were not consulted when it was appointed. Moyo further stated that, according to provisions of the Access to Information and Protection of Privacy Act (AIPPA), media house and journalists' associations should nominate three people to sit on the MIC.

In a related development, on 23 September, MISA-Zimbabwe filed an application with the High Court, challenging certain sections of the AIPPA. The director of the Attorney General's Office's Civil Division, Loyce Matanda-Moyo, confirmed that MISA-Zimbabwe had filed the application.

Matanda-Moyo said MISA-Zimbabwe claimed that it was not covered by the AIPPA and was therefore not compelled to register with the MIC. MIC Chairman Mahoso, however, described the court action by MISA-Zimbabwe as hostile. "MISA has taken a hostile move. What they should do is simply to apply for registration and apologise for the delay," said Mahoso.

Mahoso indicated that the commission was not hostile toward MISA-Zimbabwe, but that, with its actions, the media house was being hostile to the MIC. He said these actions only served to antagonise people who were trying to treat them as a neutral entity.



Source:

Media Institute of Southern Africa
21 Johann Albrecht Street
Private Bag 13386
Windhoek
Namibia
director (@) misa.org
Phone: +264 61 232975
Fax: +264 61 248016
 

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