Independent judiciary and responsible media cornerstones of society

The ripping of the criminal defamation by the Constitutional Court last week is a welcome development that reflects the independence of the judiciary in Zimbabwe. This impartial decision came as a relief to the media fraternity, which has been grappling with this law for quite sometime now.

The court should be commended for successfully demonstrating that the offence of criminal defamation is not reasonably justifiable in a democratic society on any grounds mentioned in the national constitution.

This is contrary to the popularly peddled view by some sections of society that our judiciary system lacks independence. Normatively, the separation of powers is a cardinal fundamental guarantee of the independence of the judiciary. In the decision-making process, judges should have the mandatory freedom to decide cases impartially, in accordance with their interpretation of the law and the facts made available to them. They should be able to act without any restriction or undue influence.

This is the real case with our judiciary system as it executes its duties with malice to none but fairness. On the case in question, the Minister of Justice, Legal and Parliamentary Affairs was called upon, if he so wishes, to show cause why section 96 of the Criminal Law (Codification and Reform) Act Chapter 9:23 should not be declared Ultra Vires the Zimbabwe Constitution. This is a legal courtesy extended to the legislature to present its views, just as the aggrieved journalists presented theirs, since in a democracy like ours, all parties have a right to be heard. These are all hallmarks of a just system.

Judicial independence is the concept that the judiciary needs to be separated from the interference of other branches of government, including improper subjection from personal or partisan interests.

The United Nations Charter on Justice provides for conditions under which justice can be maintained to achieve international co-operation in promoting and encouraging respect for human rights and fundamental freedoms without any discrimination. Further-more, the Universal Declaration of Human Rights particularly enshrines the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law.

The Charter also states that independence of the judiciary shall be guaranteed by the State, and enshrined in the Constitution or the law of the country. It is the duty of all governmental and other institutional bodies to respect and observe the independence of the judiciary. The judiciary decides matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.

Zimbabwe is complying with the provisions of the international charters as defined by international law. This level of compliance continues to flourish thereby enabling us to enjoy perfect delivery of justice.

Judges have the ultimate responsibility for decisions regarding freedoms, rights and duties of natural and legal persons within their jurisdiction. The independence of the judiciary safeguards every person's right to have their case decided solely on the basis of the law, the evidence and facts, without any improper influence. A well-functioning, efficient and independent judiciary is an essential requirement for a fair, consistent and neutral administration of justice. Consequently, judicial independence is an indispensable element of the right to due process, the rule of law and democracy. It is an inescapable truth that such a judiciary system does exist in this land.

Mightier than a sword the media might be, it can burn and destroy just like matches, if used irresponsibly. Therefore, in the face of this media fraternity-cherished judgment, journalists also have to act responsibly in balancing their duty to inform with individual rights. Media practitioners should not act carelessly with overt or covert intention to willfully injure the interests of others and moral fabric of society.

Journalists have a special responsibility to observe maximum level of media ethics which lay the ground rules of the journalism profession based on truthfulness in gathering, and reporting information accurately and factually to enhance reliability and credibility. In so doing, the media have the right to freedom of expression and fair comment, and the core responsibility to defend these rights.

Media should have loyalty is to citizens. News organizations answer to many constituencies, including advertisers and shareholders. The journalists must maintain allegiance to citizens and the larger public interest above any other if they are to provide the news without fear or favour.

Journalists rely on a professional discipline for verifying information. This safeguards against unnecessary defamation of innocent people. When the concept of objectivity originally evolved, it did not imply that journalists are free of bias. It called, rather, for a consistent method of testing information, a transparent approach to evidence, precisely so that personal and cultural biases would not undermine the accuracy of their work. Seeking out multiple witnesses, disclosing as much as possible about sources, or asking various sides for comment, all signal such standards. This discipline of verification is what separates journalism from other modes of communication, such as propaganda or fiction.

Media practitioners must maintain an independence from those they cover. Independence is an underlying requirement of journalism and a cornerstone of its reliability. Independence of spirit and mind, rather than neutrality, is the principle journalists must keep in focus. While editorialists and commentators are not neutral, the source of their credibility is still their accuracy, intellectual fairness and ability to inform, not their devotion to a certain group or outcome. In that independence, however, they must avoid any tendency to stray into arrogance, elitism, isolation or nihilism.

Journalism has an unusual capacity to serve as watchdog over those whose power and positions most affect citizens. And journalists have an obligation to protect this watchdog freedom by not demeaning it in frivolous use or exploiting it for commercial gain.

In a democratic society like Zimbabwe, the news media are the common carriers of public discussion, and this serves society best when it is informed by facts rather than prejudice and supposition.

Media practitioners must exercise their personal conscience as they engage a sense of ethics and responsibility, which is a moral compass. In this regard, media should boost national interest and development.