> xposted from AFRIK-IT@LISTSERV.HEA.IE
> (forwarded on behalf of David Lush)
>
> IFEX- News from the international freedom of expression community
> _______________________________________
>
> FURTHER TO ACTION ALERT - ZIMBABWE
>
> 25 February 1998
>
> Concerns rise over freedom of expression implications of new
> telecommunications bill.
>
> SOURCE: Media Institute of Southern Africa (MISA), Windhoek
>
> **Please note that this action alert provides additional information
> to IFEX action alert dated 24 February 1998**
>
> (MISA/IFEX) - Media workers and civil society representatives in
> Zimbabwe have called on the government to amend Zimbabwe's draft
> communications bill in order to allow for an independent
> telecommunications and broadcasting regulator that is legally free
> from state, government or political party control. They would like to
> see the creation of a body which puts public interest first and has
> the power to regulate and issue licenses for public, community and
> private broadcasting services.
>
> Concluding MISA-Zimbabwe's two-day workshop on the liberalization of
> the airwaves, they called for a regulatory body which would be
> accountable only to the Zimbabwean people through parliament.
> According to one resolution released at the end of the workshop, "the
> public interest should underlie all aspects of communication policy,
> regulation and operations."
>
> Among other issues, the workshop focused on the proposed
> Communications Bill 1997. The bill specifically excludes the granting
> of broadcasting licenses from the powers of the Communications
> Authority. Clause 33 (2) provides that only the Zimbabwe
> Broadcasting Corporation (ZBC) shall operate, or have in its
> possession or control, a broadcast station. This clause effectively
> retains the ZBC's monopoly over the airwaves.
>
> Media workers are worried that by providing for this monopoly and
> establishing an authority appointed by the Minister of Information in
> consultation with the President, the bill will undermine attempts to
> free the airwaves and create an independent authority appointed to
> regulate broadcasting and telecommunications activities in the public
> interest. According to them, "in a democratic society... diversity of
> opinion should be related to the principle of independence.
> Recognition of this principle is implicit in the establishment of a
> Communications Authority as a body to regulate broadcasting or
> telecommunications independently of state or commercial interests."
>
> The draft Bill also retains monopoly in telecommunications services,
> with the exception of cellular phone services, for a successor
> company of the existing Posts and Telecommunications Corporation
> (PTC). All shares in the successor company will be held by persons
> nominated by the Minister of Information on behalf of the state.
>
> Other areas of concern over the draft bill are:
>
> 1. It empowers the State President, under the auspices of either
> public security or the maintenance of law and order (neither are
> defined), to order a postal or telecommunications licensee to:
>
> -intercept or detain a postal article and deliver it to an employee
> of the state to be disposed of in such a manner as directed by the
> President; or -intercept or monitor any telecommunication service; or
> -the suspension of any telecommunications service or service to a
> named person.
>
> 2. It allows a police officer to order that any postal article is
> detained under suspicion that it may contain evidence, without the
> requirement of a court order and;
>
> 3. It provides for a fine of up to 2500 Zimbabwean Dollars and/or
> imprisonment of up to six months for making a phone call with the
> purposes of causing annoyance, inconvenience or needless anxiety.
>
> The Zimbabwean Government's timetable is to have the bill enacted as
> law by the end of March 1998. A counter proposal has been drafted
> with the help of Professor Ncube of the University of Zimbabwe Law
> Faculty. This proposal, which underlines the principles of public
> interest and independence will be submitted by MISA-Zimbabwe to the
> government in the near future.
>
> RECOMMENDED ACTION:
>
> Send appeals to authorities:
> -calling for the removal of ZBC's monopoly of the airwaves
> -urging them not to introduce legislation which stifles, rather than
> enhances, free speech
> -calling for the creation of a democratic and
> independent telecommunications and broadcasting regulator free from
> government control
> -appealing for a transparent and independent
> process in selecting the board of the regulator and the PTC's
> successor telecommunications company
>
> APPEALS TO:
>
> Rt. Hon. Chen Chimutengwende
> Ministry of Information, Posts and Telecommunications
> 8th Floor
> Linquenda House
> Box CY 1276, Causeway
> Harare, Zimbabwe
> Tel: +263 4 706891/3 or 706891
> Fax: +263 4 720982
>
> Rt. Hon. Speaker C. Ndebele
> Parliament of Zimbabwe
> Nelson Mandela Avenue
> P.O. Box CY 298
> Causeway
> Harare, Zimbabwe
> Tel: +263 4 708 921 / 729 722
> Fax: +263 4 795 548
>
> Rt. Hon. Minister Witness Mangwenda
> Ministry of Justice, Legal and Parliamentary Affairs
> 5th Floor
> Corner House
> Samara Machel Avenue
> Harare, Zimbabwe
> Tel: +263 4 774 620 -7
> Fax: +263 4 772 993
>
> Please copy appeals to the source if possible.
>
> For further information, contact Bright Mwape at MISA, Street
> Address; 9 Mozart Street, Mailing Address; Private Bag 13386
> Windhoek, Namibia, tel:
> +264 61 232975, fax: +264 61 248016, e-mail:
> +bright@ingrid.misa.org.na,
> research@ingrid.misa.org.na, Internet: http://www.misanet.org/.
>
> The information contained in this action alert update is the sole
> responsibility of MISA. In citing this material for broadcast or
> publication, please credit MISA.
> _________________________________________
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> ______________________________________________
> David Lush
> PO Box 8828
> Backbrecht
> Windhoek
> Namibia
> Tel: +264 61 252946 (h) 236970 (w)
> Fax: c/o +264 61 233980
> e-mail: shirumbu@iafrica.com.na
> _______________________________
> (please note change of address)
> Duncan Pruett dmtpruett@igc.apc.org
> 46-48 Rue de la Fourche
> Brussels 1000
> Belgium
> Tel: +32 (2) 219 4520
> Mobile (Belgium): +32 (477) 861 903
> Mobile (UK): 0411 344431
>
In-Reply-To: 199802271539.HAA03893@abraham.xc.org