argues further that the right to freedom of expression is guaranteed within permissible limitations, and that it is not an absolute and unrestricted individual right. 84. To determine whether the requirements of Section 79(1) and Section 80 of AIPPA are in contravention of the African Charter, the African Commission will examine what these two provisions mean, and also examine the meaning of Article 9 of the Charter, with a view to determine whether or not there is a violation of Article 9 of the African Charter. 85. Section 79 of AIPPA reads as follows: No journalist shall exercise the rights provided in section seventy-eight in Zimbabwe without being accredited by the Commission… Any person who wishes to be accredited as a journalist shall make an application to the Commission in the form and manner and accompanied by the fee, if any, prescribed: Provided that a mass media service or news agency may file an application for accreditation on behalf of journalists employed by such mass media service or news agency…. (5) The Commission may accredit an applicant as a journalist and issue a press card to the applicant if it is satisfied that the applicant- (a) has complied with the prescribed formalities; and (b) possesses the prescribed qualifications; and (c) is not disqualified by virtue of subsection (2), or applies for accreditation in terms of subsection (4). Every news agency that operates in Zimbabwe, whether domiciled inside or outside Zimbabwe, shall in respect of its local operations not employ or use the services of any journalist other than an accredited journalist who is a citizen of Zimbabwe, or is regarded as permanently resident in Zimbabwe by virtue of the Immigration Act [Chapter 4:02]: Provided that the news agency may employ or use the services of a journalist referred to in subsection (4) for the duration of that journalist’s accreditation. 86. The Complainants are asking the African Commission to determine whether the conditions stipulated under Section 79 amount to restrictions, which constitute a violation of Article 9 of the African Charter. It is evident from the above provision that the compulsory accreditation of journalists can result in the imposition of liability, including penal sanction for those who cannot, or may not be able to fulfil the requirements of accreditation, and to that end are deemed to intrude on the professional practice of journalism. 87. Does compulsory accreditation in itself affect the enjoyment of freedom of expression? 88. Section 79(1) requires that before a journalist practices his/her profession within the Respondent State’s territory, he/she must apply for and obtain a certificate of accreditation from the MIC. Section 83 of the AIPPA makes it clear that; “(1) No person other than an accredited journalist shall practice as a journalist nor be employed as such or in any manner hold himself out as a journalist.” 89. Official accreditation of a journalist is a mandatory precondition for operating within the Respondent State. Criminal sanctions are imposed for operating without accreditation. There are mandatory requirements for accreditation and the possession of the requisite qualifications does not guarantee provision of a certificate of accreditation. 90. The African Commission considers that registration procedures are not in themselves a violation of the right to freedom of expression, provided they are purely technical and administrative in nature and do not involve prohibitive fees, or do not impose onerous conditions. The requirements set out in AIPPA, in the opinion of the Commission, undoubtedly have a negative effect on the exercise of freedom of expression. There are no good grounds for official involvement in the registration of journalists. It creates considerable scope for politically motivated action by the authorities. The regulation of the media should be a matter for self-regulation by journalists themselves through their professional organisations, or associations. 91. A regulatory body such as the MIC whose regulations are drawn up by government cannot claim to be self-regulatory. Any act of establishing a regulatory body by law brings the body under the control of the State. This is exactly the case with the AIPPA. 92. The compulsory accreditation of journalists has been held at both national and international levels to be a hindrance to the effective enjoyment of the right to freedom of expression. 93. In its Advisory Opinion on Compulsory Membership in an Association Prescribed by Law for the 10 Practice of Journalism , the Inter-American Court of Human Rights emphasised the important role of