2 July 2009
(Page 2 of 2)
"However, that event did not mean that a new commission called the Zimbabwe Media Commission then became a successor body to the MIC," the minister said in his affidavit opposing the application brought by four freelance journalists seeking to cover the Comesa summit, and upheld by Justice Bharat Patel.
He said the effect was the change of name from MIC to Zimbabwe Media Commission.
"There was otherwise no change in the status of the commission as a legal entity possessed with full corporate powers," the minister declared in his affidavit. "The legal institutional and operational framework of the commission remained as it was in terms of its definition as set out in Section 2 (1) of the principal Act (Aippa)."
Board members appointed to the MIC already had running contracts, Shamu pointed out. "As such they continued to be members of the renamed commission."
There seems to be some wriggling here on the legal hook. The Media ministry acknowledged in March that the MIC ceased to have legal effect with the promulgation of amendments to Aippa. But now it claims the MIC is effectively still operational.
Shamu said there had been a misunderstanding over the word "accredit".
There was a distinction, he said, between journalists applying for a 12-month accreditation enabling them to practise in Zimbabwe, and the sort of accreditation that enables journalists to cover workshops and conferences.
If that is the case, why does Tafataona Mahoso say he is only carrying out "routine" business at the MIC? If it is merely a matter of a name change why has that prevented him from registering newspapers?
There is much misinformation about what both the GPA and the Kariba draft contain, Trudy Stevenson has pointed out. For clarification, the GPA states:
"Article VI Constitution:
"Acknowledging the draft constitution that the parties signed and agreed to in Kariba on 30th of September 2007, annexed hereto as Annexure "B"; Determined to create conditions for our people to write a constitution for themselves, and mindful of the need that the new constitution deepens our democratic values and principles and the protection of the equality of all
citizens, particularly the enhancement of full citizenship and equality of women;
"6.1 The parties hereby agree ...to table (their) draft constitution to a 2nd All-Stakeholders Conference; that the draft constitution recommended by the Select Committee shall be submitted to a referendum.."
There is no indication whatsoever in the GPA, Trudy points out, that the "Kariba draft" will be used either as the reference point for the writing of the new national constitution, or as the document to be submitted to the referendum. It has merely been acknowledged as a document drawn up and signed by the three parties in the then negotiations as part of the package they would put on the table to be agreed upon or differed with, but as a possible starting point.
"It must be pointed out that the Kariba draft was drawn up and signed in September 2007, six months before the March 2008 election, on the understanding that all the three parties, in particular Zanu PF, were genuinely desirous of change and of a truly free and fair election in terms of Sadc standards," Trudy says.
"Events, in particular events between 27 March and 29 June 2008, showed that this was far from the case, as Zanu PF first delayed the results of the first round... despite (the) public outcry, and secondly because the nature and extent of violence in the 'run-off' period March-June were such that there is no possibility of any conclusion other than that the violence was deliberate, planned and intended to ensure that the incumbent remained in power despite the wishes of the majority."
Muckraker is having difficulty following the Herald's maths on the status of the country's dams. On Monday, June 22 it said that Harare's major dams, Lakes Chivero, Manyame and Harava, now hold an average of about 90% of their capacity. It then went on to say Lake Chivero is 100% full, Manyame 98,8% and Harava 100%.
So that's an average of 90%? Glad these guys are no longer running the economy!
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