30th March – 3rd April, 2009
Communication No. 297/2005
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
Sixth Extraordinary Session
30th March – 3rd April, 2009
SCANLEN AND HOLDERNESS
v.
ZIMBABWE
DECISION
Citation:
Scanlen v. Zimb., Comm. 297/2005,26th ACHPR AAR Annex (Dec 2008 – May
2009)
SUMMARY OF THE FACTS
1. The Complainants are the Independent Journalists Association of Zimbabwe, the Zimbabwe
Lawyers for Human Rights and the Media Institute of Southern Africa. The Respondent State is
the Republic of Zimbabwe, a State Party to the African Charter on Human and Peoples' Rights
(the African Charter).
2. The Complainants submit that on 18 March 2002, the Respondent State enacted a legislation
known as the Access to Information and Protection of Privacy Act (AIPPA), Chapter 10:27.
Section 79 subsection 1 of the Act provides that: "No journalist shall exercise the rights provided
in Section 78[FN1] in Zimbabwe without being accredited by the Commission." The Commission
being referred to here is the Media and Information Commission (MIC) established under AIPPA,
the Zimbabwe legislation, subject of this Communication.
-------------------------------------------------------------------------------[FN1]Section 78 provides that "Subject to this Act and any other Law, a Journalist shall have the
following rights (hereinafter in this Act collectively referred to as "journalistic privilege"),
i. to enquire gather, receive and disseminate information;
ii. to visit public bodies with the express purpose of carrying out duties as a journalist;
iii. to get access to documents and materials as prescribed in this Act;