Chief Justice reverses MIC ban on journalist

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By Lebo Nkatazo and Mutongi Gava

ZIMBABWE’S Chief Justice Godfrey Chidyausiku on Tuesday set aside a one-year ban on journalist Brian Hungwe imposed by the country’s Media and Information Commission (MIC) on grounds that it was a nullity.

Following his suspension, Hungwe appealed to the High court but his emergency motion was dismissed on grounds that the matter was not urgent, forcing him to approach the highest court in the land.

The Chief Justice said in suspending Hungwe, the MIC had failed to comply with section 85 of the access to Information and Protection of Privacy Act (AIPPA).

The ban against Hungwe was imposed in terms of Section 79 of AIPPA which deals with accreditation of journalists, yet a journalist can only be punished or banned in terms of Section 85 (3) of AIPPA.

Chidyausiku said: “I am satisfied that in suspending the applicant (Hungwe) the then MIC did not comply with Section 85 (3) of the Access to Information and Protection of Privacy Act. The requirements of Section 85 (3) of the Act are peremptory (compulsory) and the failure to comply with them renders the actions of the MIC a nullity.

“In terms of Section 25 (2) of the Supreme Court Act, a judge of this court has powers to review proceeding of inferior tribunals such as the first respondent (MIC). In the exercise of such powers, the respondents’ suspension of the applicant is and is hereby set aside on the grounds that it is a nullity.”

Originally, Hungwe had his licence withdrawn in August last year for allegedly violating a section AIPPA. The journalist appealed against the ban to the same commission but in its response on February 26, 2008, the MIC said he had failed to lodge an appeal within 28 days as required by the law and was now required to serve the full ban.
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