Press freedom in Africa an illusion, despite constitutional promises
Press freedom in Africa an illusion, despite constitutional promises
As outlined in international human rights treaties, and the constitutions of most African countries, freedom of expression is a fundamental right. The International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights affirm that every individual has the right to hold opinions and to impart and receive ideas. This has served as the basis for recognising this right in most African states.
This freedom is essential in a democratic society because it allows people to participate in civic affairs and promotes accountability. The foundation of this is what is known as a “free press”. Freedom of expression provides the necessary basis for the media to deliver important information that helps citizens stay informed about, and engage in, governance, which is vital for accountability.
The Zimbabwean constitution, for example, explicitly recognises freedom of expression for the media, including protections for
The Zimbabwe Constitutional Court, in Chimakure vs Attorney General, affirmed that freedom of expression is sacrosanct, regardless of whether the information conveyed is false or offensive, provided it does not incite violence or spread hate speech. Although the right is not absolute, any restrictions must be proportionate and reasonably justified within a democratic society.
When criminal law is employed to silence the media, it is concerning, especially when charges are based purely on exercising freedom of expression rather than on accusations of inciting violence or hate speech.
Statutes that seek to suppress political speech or critical views about the state have no place in a democratic society. Zimbabwe has a troubling history of using criminal law to silence dissenting voices. With the adoption of a new constitution in 2013, it was hoped that this practice would cease.
But recent events, such as the arrest of
Zimbabwe is not alone in this struggle. Throughout Southern Africa, from South Africa to Mozambique and beyond, the press faces a barrage of threats that make constitutional protections seem little more than paper promises. Despite these enshrined values, freedom of expression remains an illusion for the media, undermined
In South Africa, once seen as a beacon of media freedom on the continent, concerns are mounting about the decline of press independence due to state actors. The Global Investigative Journalism Network has voiced concerns about the role of the State Security Agency in undermining
The 2025 World Press Freedom Index
In Mozambique, press freedom violations nearly tripled during the 2023 municipal elections, increasing from 11 cases in 2022 to 28 the following year, according to the Media Institute of Southern Africa.
Similarly, in Botswana,
Generally, we have seen a bleak
These violations are not isolated; they form a regional crisis where governments exploit outdated laws and extra-legal measures to suppress criticism. The 2025 State of Press Freedom in Southern Africa report
Amid this gloom, there are glimpses of hope through civil society initiatives. Our organisation, the Southern Africa Litigation Centre (SALC), has taken the lead in challenging these injustices. In a historic victory on , the Malawi High Court declared criminal defamation unconstitutional, a ruling SALC supported and celebrated for its potential to dismantle laws that restrict public debate and media freedom.
This decision not only strengthens protections for
The SALC has previously supported strategic litigation in Lesotho that led to the striking down of a similar criminal defamation law
The 45th Ordinary Summit of the Southern African Development Community Heads of State and Government, in August, in Antananarivo, Madagascar, is a chance to address these assaults directly. As member states like Zimbabwe, South Africa and Mozambique continue to violate democratic norms through attacks on freedom of expression, the summit must focus on stronger accountability mechanisms.
Civil society actors highlight the urgency of defending democratic values, especially the fourth estate’s role in ensuring transparency and justice. Without regional enforcement, such as binding protocols on media protections and sanction for violators, the false impression of press freedom will endure, enabling corruption and abuse to flourish unchecked.
The SADC summit must rise above rhetoric, demanding tangible reforms to decriminalise defamation, protect
Civil society shows the way forward. Still, it requires collective political will to turn freedom of expression into a realisable goal rather than a distant hope. The moment for stronger regional accountability must strengthen before the voices of truth are silenced forever.
Tambudzai Manjonjo is the deputy director, and Melusi Simelane the civic rights programme manager, at the Southern Africa Litigation Centre.
About the Author
Zara Mbatha
View all articlesComments (0)
No Comments Yet
Be the first to share your thoughts on this article!