Court orders review of Daily News ban

By Lance Guma
09 February 2006

The High Court has ordered the Media and Information Commission (MIC) to review the application by the banned Daily News for an operating licence. The MIC denied the paper a licence on spurious technical grounds despite several of its commissioners recommending the granting of one. Jonathan Maphenduka, a former commissioner, resigned from the MIC board citing the fact that Mahoso had disregarded their views in denying the Daily News a licence and had instead given in to pressure from the state security department in saying no.

On Wednesday Justice Rita Makarau set aside the decision by the commission, which is led by Tafataona Mahoso and said they needed to look at it again. Lawyers representing the paper had wanted Justice Makarau to disband the MIC and have a new commission set up but this was rejected after she said she did not have the power to do so. Lawyer Guguletho Moyo who previously acted as legal advisor to the Daily News says the judgement highlights the injustice of the case whereby the paper is going to court and back despite the obvious bias of the MIC.

Moyo however conceded that Justice Makarau could not disband the MIC board because it was appointed by the Ministry of Information which in this instance was not a party to the case. The Daily News was taken off the streets in September 2003 when the Supreme Court upheld draconian media laws that were deliberately introduced to gag the operations of independent media outlets. Since then a total 4 newspapers have been closed down.