DATE SET TO HEAR AIPPA CHALLENGE; HARARE

UNCLAS HARARE 002409 SIPDIS DEPT FOR AF/PD, AF/S, AF/RA, AF/PDPA NSC FOR JENDAYI FRAZER LONDON FOR GURNEY PARIS FOR NEARY NAIROBI FOR PFLAUMER E.O. 12958: N/A TAGS: PHUM KPAO ZI SUBJECT: DATE SET TO HEAR AIPPA CHALLENGE; HARARE ¶1. On November 21 Zimbabwe's Supreme Court will hear a challenge to the controversial Access to Information and Protection of Privacy Act (AIPPA). The case, brought by journalists working in Zimbabwe's privately owned media, seeks the Court's ruling on the constitutionality of several important sections of the AIPPA. November 21 is also deadline for journalists to comply with AIPPA registration requirements. ¶2. The legal challenge to AIPPA focuses on sections of the Act proscribing "abuse of journalistic privilege" and "publishing falsehoods." In October the Government of Zimbabwe introduced amendments to AIPPA in an attempt to clarify some of the Act's vague language, but journalists here remain convinced that the Act violates constitutional guarantees of freedom of expression. The suit also challenges the unchecked powers of the government's Media and Information Commission (set up as part of AIPPA) and the mandatory registration of journalists and media organizations by November 21, 2002. ¶3. Journalists who are party to the suit are not sanguine about its outcome. The government has forced the retirement of respected justices and appointed replacements and additional justices who are clearly sympathetic to the current government's political agenda. The Supreme Court is most likely to dismiss the challenge to AIPPA. Journalists understand this but believe that challenging the law is the only principled action to take. They also hope that the challenge will generate new international awareness of the continuing restrictions on civil liberties and human rights in Zimbabwe. WHITEHEAD