Since constitution is important for all. That is why Last Moyo here presents the constitution .Zimbabwe’s current constitution has provisions for freedom of expression in Section 20. Specifically, Section 20 subsection (1) states:
Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.
Subsection (2) of Section 20 stipulates the limitations of the freedom of expression as follows:
Nothing contained in or done under the authority of any law shall be held to be in contravention of subsection (1) to the extent that the law in question makes provision—
- in the interests of defense, public safety, public order, the economic interests of the State, public morality or public health;
- for the purpose of—
- protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings;
- preventing the disclosure of information received in confidence;
- maintaining the authority and independence of the courts or tribunals or the Senate or the House of Assembly;
- regulating the technical administration, technical operation or general efficiency of telephony, telegraphy, posts, wireless broadcasting or television or creating or regulating any monopoly in these fields;
- in the case of correspondence, preventing the unlawful dispatch therewith of other matter;
While the constitution provisions clearly have freedom of expression as a right, there have been arguments that media freedoms are not explicitly guaranteed in the constitution, to the extent that Section 20 does not provide for media freedoms. Tawanda Hondora, author of MISA publication “media laws in Zimbabwe”, explains that Media freedom is an integral part of the constitutionally entrenched freedom of express. While section 20 of the constitution does not expressly guarantee media freedom, the Zimbabwean Supreme Court has already accepted that “the use of the mail is almost much of free speech as the right to use our tongues”. Use of the word “mails”, Hondora argues, is wide enough to cover both the use of the print and electronic media to communicate information.
