FOR IMMEDIATE RELEASE

March 03, 2025

The Centre for Human Rights, Faculty of Law, University of Pretoria (Centre for Human Rights) calls on the Zimbabwean government to respect and abide by its human rights obligations under the African Charter on Human and People's Rights, the International Covenant on Civil and Political Rights and other international human rights instruments. Journalists should be allowed to do their work without interference. The recent reports on arrests and interference in the work of journalists will have a chilling effect on freedom of expression and access to information. The use of the judiciary to silence journalists, activists, and government critics, if left unchecked, will cement the culture of impunity and entrench arbitrary arrests and prosecution of people with dissenting voices.

The Centre for Human Rights takes this opportunity to urge Zimbabwean authorities to respect constitutional provisions on media freedom and free expression. The Centre for Human Rights reiterates that journalism is not a crime, but a crucial element in the exercise of freedom of expression and an essential component of democracy that is also instrumental in ensuring an informed citizenry and a vibrant democracy. Journalists and other media practitioners deserve protection and non-interference as they do their work.

The Centre for Human Rights, notes with deep concern the arrests of Blessed Mhlanga, a journalist, known for interviewing people on matters of political interest in Zimbabwe.  Mhlanga was arrested on allegations of transmission of information that incites violence or causes damage to property under Section 164 of the Criminal Law (Codification and Reform) Act Chapter 9:23. He was denied bail as the Harare magistrate (who) said there is a chance that he would interfere with witnesses and jeopardise the investigation. The Centre for Human Rights reminds the authorities in Zimbabwe that bail is a fair trial right and that accused persons who will not jeopardise the fair administration of justice should not be arbitrarily denied bail pending trial.

Charges against Mhlanga emanated from interviews he allegedly had with Blessed Geza, a ruling Zanu PF party war veteran and an opponent of President  Mnangagwa’s agenda to extend his stay in power to 2030, contrary to the term limits stipulated by the Zimbabwe constitution. Geza further called for President Emmerson Mnangagwa to resign from office immediately citing misrule.

The arrest of Blessed Mhlanga is an indictment on the state of freedom of expression in Zimbabwe. Freedom of expression is a fundamental right that is firmly entrenched in international human rights instruments including the Universal Declaration of Human Rights, and two treaties to which Zimbabwe is a state party: the International Covenant on Civil and Political Rights (ICCPR art 19), and the African Charter on Human and Peoples’ Rights (African Charter, article 9). This arrest also undermines the rights to media freedom and freedom of expression as enshrined in section 61 of the Zimbabwean Constitution.

It is the role of the media and journalists to ensure access and dissemination of information for an informed citizenry. The Centre for Human Rights, therefore, calls on the Zimbabwean government to observe the rights of journalists to report on the activities and issues that are in the public interest within the bounds of professionalism and legitimate limitations on freedoms. As established in international human rights law, the Centre for Human Rights acknowledges that the right of freedom of expression is not absolute and can be limited under certain circumstances, but the limitation should be as determined by the law, serve a legitimate aim, and should be necessary and proportionate means to achieve a stated aim.

In line with its commitments as reflected in several international treaties on media freedom and freedom of expression to which Zimbabwe is a state party, and its pledge to democratise the media and free expression environment in Zimbabwe, the Centre for Human Rights reiterates the Zimbabwean government’s responsibility and obligation to create an enabling and conducive environment for the exercise of freedom of expression instead of curtailing the enjoyment of freedom of expression through arresting journalists on the line of duty. The Centre for Human Rights also restates the position of the UN Human Rights Council under its Resolution on the promotion, protection, and enjoyment of human rights on the Internet “that the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice, in accordance with article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.”

Concerning the protection of journalists, the African Commission on Human and Peoples’ Rights, the African Union’s human rights watchdog,  adopted the Declaration of Principles on Freedom of Expression and Access to Information in Africa to further clarify the meaning of Article 9 of the African Charter. The Declaration stipulates that "the right to express oneself through the media by practicing journalism shall not be subject to undue legal restrictions". The same protection applies to all individuals or groups exercising their rights to freedom of expression and access to information through any medium. The Declaration also calls on States to guarantee the safety of journalists and other media practitioners. It is regrettable that the government of Zimbabwe, through the security and law enforcement agents, is infringing on the right of freedom of expression through arrests and harassment of journalists as in the case of Mhlanga. The media must investigate wrongdoing or any stories in the public interest particularly in the public sector that is accountable to the public.

The Centre for Human Rights urges the authorities in Zimbabwe to take cognisance of Principle 35 of the Declaration of Principles on Freedom of Expression and Access to Information in Africa, which states that "no person shall be subject to civil, criminal, administrative or employment-related or other sanctions or harm, for releasing information on wrongdoing or which discloses a serious threat to health, safety or the environment, or whose disclosure is in the public interest, in the honest belief that such information is substantially true." The Declaration also obliges states to "adopt laws to establish  regimes and independent institutions to oversee the protected disclosure of information in the public interest." In this regard, the Centre for Human Rights notes that instead of arresting those who disclose information on issues of public interest in good faith, there should be effective legal protection for such individuals.

The Centre for Human Rights therefore calls on the Zimbabwean government to respect and abide by its human rights obligations under the African Charter and other international human rights instruments to which it is a state party.   The Centre for Human Rights further calls on the authorities in Zimbabwe to respect constitutional provisions on media freedom, access to information, and free expression and reiterates that journalism is not a crime, but a crucial element in the exercise of freedom of expression and an essential component of democracy. Journalists and other media practitioners playing their legitimate role of informing the public deserve protection and not persecution.

For further information, please contact:

Hlengiwe Dube
Project Manager
Expression, Information and Digital Rights Unit
 hlengiwe.dube@up.ac.za

Tendai Mbanje
Project Officer
Expression, Information and Digital Rights Unit
 mbanje.tendai@up.ac.za

Belinda Matore
Project Officer
Expression, Information and Digital Rights Unit
 br.matore@up.ac.za