Media Institute of Southern Africa (Windhoek)
22 May 2008
press release
THE communication on Capital Radio, filed jointly by MISA-Zimbabwe, Article 19, and Institute for Human Rights and Development in Africa, together with two proprietors of Capital Radio, Gerry Jackson and Michael Auret Jnr, challenges various sections of the Broadcasting Services Act as being inconsistent with the African Charter on Human Rights.
Capital Radio, a commercial radio station in Zimbabwe was shut down by the government and had its equipment confiscated by the police in 2000.
In pleading for the speedy conclusion of this matter, MISA-Zimbabwe argued that the matter is taking too long to be heard. "For the record, we lodged this communication in August 2005. The ACHPR agreed to be seized with the matter at its 37th ordinary session which was held in Dakar, Senegal in November 2005. We filed our Admissibility Brief in March 2006 and the respondent state made its submissions in reply in September 2006," said MISA-Zimbabwe Legal Officer Wilbert Mandinde who attended the ACHPR 43rd session in Ezulwini, Swaziland.
MISA Zimbabwe further submitted that at the 40th Ordinary Session, the Government of Zimbabwe, which is the respondent in the matter, had requested for an adjournment after it realised that its submissions addressed the issue of merits and not admissibility.
During the 42nd Session in Congo-Brazzaville, there was a written undertaking by the respondent state to file the necessary submissions in terms of the ACHPR rules of procedure.
"We note with concern the fact that to date, the respondent state has failed, refused or neglected to file these submissions," complained MISA-Zimbabwe. "We verily believe that justice delayed is justice denied. In the circumstances, we feel the failure by the respondent state to file correct papers is an attempt to frustrate proceedings before this commission. This cannot be condoned."
MISA-Zimbabwe requested the Commission to immediately proceed to declare the matter admissible during this session.
The Zimbabwe government, said it needed time to file the submissions arguing that they were busy working on the harmonised elections.
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