Speaking during the presentation of her final activity report at the 46th ordinary session of the African Commission on Human and People's Rights (ACHPR) taking place in Banjul, Gambia, Commissioner Pansy Tlakula went on to state that criminal defamation laws are being used to prosecute journalists who publish articles that are critical and exposing to elected public officials. In Zimbabwe, examples are section 31 and 96 of the Criminal Law codification Act, which criminalize the publication of statements that are 'false'' or causes serious harm to the reputation' of a person.
Commissioner Tlakula went on to note that media laws can only effectively promote and protect freedom of expression and access to information if they are guided by the principle of maximum disclosure and if publications regarding matters of public interests are not considered defamatory. She also called on State Parties to end the use of imprisonment for publications made which governments may consider critical to them and that they should abstain from imposing penal sanctions on journalists regarding their articles." Criminal defamation laws should therefore be revoked or amended to conform with international and regional standards and particularly to Principles XII and XIII of the Declaration. Principle XIII requires States to "review all criminal restrictions on content to ensure that they serve a legitimate interest in a democratic society," expressed the commissioner.
In the same report to the 46th session, Commissioner Tlakula also expressed concern over the deteriorating situation in Tanzania regarding the exercise of the right to freedom of expression in Africa to which she indicated that she would like to go on a promotional mission. "The Special Rapporteur has received a request from the Media Institute for Southern Africa (MISA) to undertake a fact finding mission in Tanzania this year to amongst other things, ascertain the state of freedom of expression, in particular the media in the country," expressed the commissioner.
The invitation she said was prompted by events where two Tanzanian journalists Saed Kubenea and Ndimara Tegambwage were attacked by unknown assailants and the former was left almost blind whilst the latter sustained a deep cut to his nape This incident was later followed by the raiding and closure of their paper the 'Mwanahalisi' for about three months, for allegedly publishing a false story about the Head of State.
"MISA stated in the letter of request for a fact finding mission that, it is particularly concerned about the situation of freedom of expression in the run up to the 2010 elections and wishes that the situation of the media in Tanzania should be addressed as soon as possible, before it deteriorates. The Special Rapporteur therefore hopes that the Republic of Tanzania will accept her request to carry out a promotion mission in the country at a date still to be determined" expressed the commissioner, a call that was again reiterated in the MISA statement presented at the 46th session of the ACHPR on 14 November.
Meanwhile the attacks on these two journalists were reported to the police and the case is still ongoing in a Magistrates court in Tanzania although one of the victims Tegambwage, who also attended the 46th session of the ACHPR, expressed concern over the slow pace at which the court case is progressing.
