Journalists throughout Southern and East Africa are harassed, detained mostly through the use of criminal law. Photo: File
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 journalist sources.
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 journalists for broadcasting interviews with critical voices and for publishing satirical articles that criticise the state, have cast doubt on that. This is possible because laws that undermine freedom of expression, like criminal insult laws, still exist.
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 by restrictive laws, physical attacks and systemic intimidation that hinder accountability and democratic debate.
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 journalistic integrity, including harassment and threats against reporters covering corruption and political unrest.
The 2025 World Press Freedom Index by Reporters Without Borders identifies economic instability as a primary threat to journalists. Nonetheless, in South Africa, this is worsened by verbal attacks from political leaders and activists, which weaken the media’s capacity to scrutinise those in power. Recent incidents, such as the targeting of SABC’s head of news following leaks critical of the ANC, exemplify how state mechanisms are being used against dissenting voices.
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. Journalists such as Bongani Siziba and Sbonelo Mkhasibe were detained while reporting on events, highlighting a pattern of arbitrary arrests that suppresses coverage of electoral irregularities and corruption.
Similarly, in Botswana, reporters faced assault while covering ruling party primaries, raising safety concerns in a tense political climate.
Generally, we have seen a bleak picture across Southern Africa and East Africa, with widespread intimidation, harassment and detention of journalists, and authorities escalating attacks to stifle the flow of information.
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 by the Media Institute of Southern Africa states that physical attacks on journalists have decreased slightly. However, the environment remains “problematic” due to restrictive legislation, harsh working conditions and increased risks during elections and corruption investigations. Online threats, including AI-enhanced harassment of women journalists, further deepen the attack on free expression.
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 16 July 2025, 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 journalists in Malawi but also serves as a model for the region, demonstrating how strategic litigation can reclaim rights eroded by authoritarian tendencies.
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 reporters from state harassment and foster an environment where the press can genuinely hold power to account.
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.