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Memorandum
This Bill makes additional provisions with regard to the Zimbabwe Media Commission which is established by section 248 of the Constitution and whose functions are detailed in section 249 of the Constitution with the objective to protect the rights to the freedom of expression and the freedom of the media granted under section 61 of the Constitution. The Bill will also extensively amend the Access to Information and Protection of Privacy Act [Chapter 10:27] by repealing all provisions relating to the regulation and control of the media. The Bill must be read with and subject to various provisions of the Constitution such as Part 1 of Chapter 12 relating to the nature of independent commissions supporting democracy of which the Zimbabwe Media Commission is one; Part 1 of Chapter 18 with respect to general and supplementary provisions relating to all constitutional commissions (covering the juristic status of Commissions, terms of office of members, funding of Commissions, etc); section 17 relating to gender balance. These aspects have not been restated in this Bill.
Essentially, the Bill elaborates on the functioning of the Media Commission. For ease of reference, the relevant provisions of Chapter 12 of the Constitution relating to the establishment and functions of the Commission are set out in extenso as a preamble to the Bill. So too is 61 which sets out the right to freedom of expression and freedom of the media.
In more detail, the Bill provides as follows:
1 Short title
This Act may be cited as the Zimbabwe Media Commission Act, 2019.