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Newspaper banned in Zanzibar; doubts cast on legality of ban


Tanzania Alert
August 21, 1998


The Minister of Information, Youth, Tourism and  Culture in Zanzibar, Issa
Mohammed Issa,  on August 19 banned the privately owned kiswahili
newspaper, "Mtanzania", after  the   newspaper failed to apologise  for
publishing an apparent false story involving the ruling CCM party in its
August 16 edition. However, latest reports from Tanzania suggest that there
may be no legal basis for the ban.

In a statement issued on August 17, Issa said: "for publishing a false
story, 'Mtanzania' newspaper  was required to apologise to the ruling CCM
party before  August 18, 1998.  But unfortunately the newspaper for its own
reasons refused to do so.  For that reason the government  decided to ban
the newspaper  in accordance with Sections 30 and 34 of the  Zanzibar
Newspaper Act No. 5 of 1988".

CCM Zanzibar claimed that a false story was run in "Mtanzania" on August 16
under the headline "There are disagreements  in CCM Zanzibar".  The story
reported on alleged disagreements  which arose during a meeting the
previous day of a CCM special  committee  responsible for dealing with the
political crisis in Zanzibar.

Issa's statement added that "'Mtanzania' newspaper has been publishing many
false stories about Zanzibar which could incite the Island into chaos and
endanger national peace and  security".

However, in a report in the August 21 editor of "The Guardian" newspaper,
some legal experts in Zanzibar are quoted as saying that the ban on
"Mtanzania" had no legal basis. The reports says that according to the law
cited, the Newspaper Act of 1988, the power of banning any publication
coming into Zanzibar lies with the president only. The minister's powers
are restricted to merely checking undesired publications published in
Zanzibar.  Furthermore, legal experts contend that any order by the
president to ban a newspaper outside Zanzibar has to be published in the
Zanzibar Government Gazette. The report in "The Guardian" goes on to quote
observers as saying that since President Salmin Amour of Zanzibar had
publicly denied on a weekly TV programme having had any knowledge of a ban
on the newspaper, the ban cannot stand a legal test.

"The Guardian" also reports that Minister Issa has invited the editor of
the newspaper, Salva Rweyemamu, to Zanzibar for talks with CCM officials.
However, the newspaper report says it is not clear why these talks have
been arranged.

"Mtanzania" is the second privately owned newspaper to be banned from
entering  Zanzibar after "Majira", which was banned on January 24, 1996.

ENDS

Information distributed by:
Raashied Galant
MISA Researcher
Media Institute of Southern Africa (MISA)
Private Bag 13386
Windhoek, Namibia
Tel. +264 61 232975, Fax. 248016
e-mail: research@ingrid.misa.org.na
web: http://www.misanet.org





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