EX.CL/717 (XX)
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ruled that Sections 12 and 13 of the RSA were secondary operative provisions to
give effect to Sections 14(1) and 14(2).
15.
The stay of execution of the search warrant was valid until 4:30pm of 5
October 2000. CRPL’s lawyers at the Monomotapa Plaza reminded the police of the
existence of the High Court order prohibiting the execution of the search warrant. In
the evening of 5 October, the police raided CRPL’s broadcasting studio and seized
its broadcasting equipment. This brought CRPL’s broadcasting to an end.
16.
The police also surrounded the homes of the Directors of CRPL on 4 October
2000 in order to execute the search warrant. On the advice of their lawyer, the CRPL
Directors went into hiding at this point. The Directors’ homes continued to be
surrounded and monitored for a number of days. The police camped outside Mr
Auret’s family home for a week and executed their search warrant on Ms Jackson’s
home during the week following 4 October.
17.
Finally, in the afternoon of 4 October 2000, an emergency temporary
legislation was enacted under the Presidential Powers (Emergency Regulations)
Act.9 The Regulations introduced a broadcast regulatory regime imposing a
requirement to obtain a broadcast license and designating the Minister of State for
Information as the licensing authority. The Regulations further provided that
broadcasting licenses would only be granted in response to a call for a license
application made by the Minister.
18.
The Regulations were not gazetted, and so did not become legally
enforceable, until 5 October 2000.
19.
After the raid on the CRPL’s broadcasting premises, the Respondent State
held a press conference on 5 October 2000, where they displayed the broadcasting
equipment confiscated from the CRPL. 10 At this press conference, the Minister of
Information stated that CRPL did not qualify for a broadcasting license under the
Regulations.11
20.
On 5 October 2000, the High Court ordered the police to return the
confiscated equipment, which had been unlawfully seized. In addition to this order,
Gwaunza J made a declaration confirming that Sections 12 and 13 of the RSA had
no application to CRPL’s functioning or broadcasting. The declaration also stated that
CRPL should desist from broadcasting for ten days in order that its site and
equipment (once returned) could be inspected and that CRPL should be granted a
frequency.12
21.
On 6 October 2000, CRPL’s lawyer Mr Antony Brookes went to CRPL’s
broadcasting premises to oversee the return of the confiscated equipment by the
9
Presidential Powers (Temporary Provisions) Broadcasting Regulations 2000 (the
Regulations).
10
IFEX Update 6 October 2000, See also BBC News ‘Radio Shut Down Defended’ 5 October
2000.
11
Ibid
12
Gwaunza J Order (Annex (A10)