Date: Thu, 1 Aug 96 12:02 GMT+0200 From: Stephen Van Breda Subject: ** ZIMBABWE : GALZ : BOOK FAIR 1996 ** HARARE : ZIMBABWE THE HERALD : AUGUST 1 1996. GALZ BAN FROM FAIR "VOID" --------------------------------------------- The High Court yesterday declared null and void the censorship order prohibiting Gays and Lesbians of Zimbabwe from exhibiting at the Zimbabwe International Book Fair. In making an order, the Judge President, Justice Sandura, held that the Board of Censors could not ban the organisation from establishing a stand as this was not covered under the relevant Act. He also held that no one at the time GALZ was granted permission to participate at the Book Fair knew what the group was going to exhibit. He declared the Notice of Prohibition served on GALZ by the chairman of the Board of Censors, Mr Heyi James Malaba, cited as the first respondent with the Minister of Home Affairs as the second respondent, null and void and of no force or effect. He also made an order interdicting the respondents from unlawfully interfering with any GALZ stand at the Zimbabwe International Book Fair and to pay costs of the application. In an application, GALZ, who were represented by Advocate Erik Morris, argued that the ZIBF accepted the application to exhibit at the 1996 fair and was an autonomous body established in terms of a Deed of Trust, independent of the Government of Zimbabwe. GALZ said that on July 25 1996, The Herald published an article citing the announcement by the Director of Information, Mr Bornwell Chakaodza, the Government had barred GALZ from the fair, and that the Government would not permit GALZ at any future Book Fair. But no legal basis for the instruction was given and no directive was in force, ZIBF was not obliged to take Government instructions, argued Adv Morris. He said because there was no legal basis upon which such banning and interference in the activities of ZIBF or GALZ could be justified. GALZ indicated it would proceed to exhibit at the fair, and this position was accepted by ZIBF. The material to be exhibited on the GALZ stand had not been presented to or made known to the Board of Censors and as such the Board had no basis upon which to consider the prohibition of the exhibition or publications it had not seen. The prohibition order made no reference to publications at all, and in deed could not do so for the Board has no knowledge as to what material GALZ intended to display. GALZ itself has yet to make a final decision in this regard, submitted Adv Morris. In his reply, a Senior Law Officer in the Civil division of the Attorney General's office, Mr Jasper Msimbe, argued that the court could only set aside a decision of an administrative body if that decision was among other things unreasonable and irrational. "The Zimbabwe society culturally and being predominantly Christian is anti-homosexual. It is considered to be a perverted, disgusting and immoral practice." "These views are held by Zimbabweans whether correctly or wrongly. This is how our society is organised. The Zimbabwean society's reaction to homosexual activities has been known to be violent." He said Mr Chakaodza's statement merely reaffirmed the views of our society and Government on homosexuality.