MEDIA REPORT MEDIA BILL; HARARE

UNCLAS HARARE 000287 SIPDIS AF/PD FOR COX, ROBERTSON, SCHLACHTER, AF/S FOR KRAFT, AF/P, INR/R/MR, NSC FOR JENDAYI FRAZER E.O. 12958: N/A TAGS: ZI PREL PHUM SUBJECT: MEDIA REPORT MEDIA BILL; HARARE ¶1. DESPITE 36 AMENDMENTS, MORE THAN 20 SECTIONS OF THE CONTROVERSIAL ACCESS TO INFORMATION AND PROTECTION OF PRIVACY BILL REMAIN UNCONSTITUTIONAL. THIS WAS SAID BY THE CHAIRMAN OF THE PARLIAMENTARY LEGAL COMMITTEE, MR. EDDISON ZVOBGO (ZANU PF, MASVINGO SOUTH),IN PARLIAMENT ON JANUARY 29 WHEN HE PRESENTED AN ADVERSE REPORT WHICH DECLARED THAT MOST OF THE CLAUSES IN THE AMENDED BILL INFRINGED THE CONSTITUTION, ESPECIALLY SECTION 20 ON THE FREEDOM OF EXPRESSION. "THE BILL IN ITS ORIGINAL FORM WAS THE MOST CALCULATED AND DETERMINED ASSAULT ON OUR LIBERTIES GUARANTEED BY THE CONSTITUTION IN THE 20 YEARS I SERVED AS CABINET MINISTER AND AS A MEMBER OF THE CABINET COMMITTEE ON LEGISLATION FOR 16 OF THOSE YEARS. WHAT IS WORSE, THE BILL WAS BADLY DRAFTED IN THAT SEVERAL PROVISIONS WERE OBSCURE, VAGUE, ILL CONCEIVED AND DANGEROUS," ZVOBGO TOLD PARLIAMENT. ALTHOUGH THE ATTORNEY GENERAL, MR. ANDREW CHIGOVERA, DEFENDED SOME OF THE CLAUSES SAYING THEY WERE CONSTITUTIONAL AND JUSTIFIABLE IN A DEMOCRATIC SOCIETY, BOTH THE ATTORNEY GENERAL AND JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS MINISTER PATRICK CHINAMASA ALSO CONCEDED SOME OF THE PROVISIONS WERE POSITIVELY UNCONSTITUTIONAL. HOWEVER THE GOVERNMENT AND THE PARLIAMENTARY LEGAL COMMITTEE ARE EXPECTED TO MEET THIS MORNING (JANUARY 30) TO RESOLVE THE DEADLOCK BY DISCUSSING THEIR CONCERNS AND POSSIBLY COME UP WITH FURTHER AMENDMENTS FOR DEBATE WHEN PARLIAMENT MEETS IN THE AFTERNOON. ¶2. EXCERPTS FROM THE PARLIAMENTARY LEGAL COMMITTEE'S REPORT FOLLOW: ". . .THE ORIGINAL BILL WAS MANIFESTLY UNCONSTITUTIONAL. . .I CAN SAY WITHOUT EQUIVOCATION SAY UNCLASSIFIED PAGE 03 HARARE 00287 311906Z THAT, THIS BILL, IN ITS ORIGINAL FORM WAS THE MOST CALCULATED AND DETERMINED ASSAULT ON OUR LIBERTIES GUARANTEED BY THE CONSTITUTION, IN THE 20 YEARS I SERVED AS CABINET MINISTER AND AS A MEMBER OF THE CABINET COMMITTEE ON LEGISLATION FOR 16 YEARS OF THOSE YEARS. WHAT IS WORSE, THE BILL WAS BADLY DRAFTED IN THAT SEVERAL PROVISIONS WERE 'OBSCURE, VAGUE, OVER- BROAD IN SCOPE, ILL-CONCEIVED AND DANGEROUS.' YOUR COMMITTEE EXPRESSES ITS GRATITUDE TO THE LEADER OF THE HOUSE. . .HONORABLE PATRICK CHINAMASA, FOR HIS UNSTINTING HEROISM, THROUGH AMENDMENTS, TO GIVE THIS BILL A HUMAN FACE. WE APPLAUD THE EFFORT AS HIS MINISTRY WAS ABLE TO AMEND, REPEAL, RE-WORD SEVERAL PROVISIONS, WHICH WERE BLATANTLY UNCONSTITUTIONAL. IT IS A MATTER FOR REGRET THAT SOME UNCONSTITUTIONAL PROVISIONS STILL REMAIN. IT IS FOR THAT REASON THAT THE BILL REMAINS UNCONSTITUTIONAL. THE MOST OFFENDING CLAUSES ARE 14, 37, 40, 47, 52, 54, 67, 68, 69, 70, 71, 72, 73, 74, 75, 77, 80, 82, 86, AND 93. AT STAKE ARE THE PROTECTIONS OF ZIMBABWEANS ENSHRINED IN SECTIONS 16, 18 AND 20 OF THE CONSTITUTION. . .YOUR COMMITTEE CONSIDERS THAT THERE IS ABUNDANT EVIDENCE TO SUPPORT AN ADVERSE REPORT. WE ARE NOT A COURT OF LAW. IF IT PLEASES THE HOUSE TO OVERRIDE OUR REPORT, WE WILL REMAIN COMFORTED IN THE VIEW THAT WE DISCHARGED OUR BURDEN TO THE BEST OF OUR ABILITY." SULLIVAN UNCLASSIFIED >