(JED/IFEX) – Through order no. O4/MCP/001/2001, dated 10 May 2001, Minister of Communications and Press Kikaya bin Karubi banned the publication of the newspaper “La Libre Afrique”, as well as its supplement “Le Derby” and its satirical supplement “Incognito” throughout the Democratic Republic of Congo (DRC). Citing Law no. 96/002 of 22 June 1996, which […]
(JED/IFEX) – Through order no. O4/MCP/001/2001, dated 10 May 2001, Minister of Communications and Press Kikaya bin Karubi banned the publication of the newspaper “La Libre Afrique”, as well as its supplement “Le Derby” and its satirical supplement “Incognito” throughout the Democratic Republic of Congo (DRC).
Citing Law no. 96/002 of 22 June 1996, which covers the exercise of press freedom in the DRC, the minister justified his decision on the fact that “the administrative documents received by the newspaper ‘La Libre Afrique’ and its supplements ‘Le Derby’ and ‘Incognito’ were issued on the basis of false statements made to the administration with regard to the newspaper’s and its printer’s addresses, as well as the publication director’s status as a professional journalist.” Moreover, Kikaya added that “‘La Libre Afrique’ does not fulfil its legal obligation to publish the name or the address of the printer in each copy of the newspaper, which would allow for the verification of the newspaper’s administrative and jurisdictional acts.”
JED notes that the minister’s decision is illegal, insofar as it violates Article 44 of the above-mentioned law. Article 44 stipulates that “the publication ban on a newspaper or periodical can only be delivered by the high court, by request of the wronged party”. The article does in fact recognise the competent administrative authorities’ right to ban or seize an incriminating issue of a publication, but “must submit a plausible report within forty-eight hours – a timeframe which can be lengthened due to delays expained by geographical distance – to the closest public prosecutor’s office, which, if necessary, can alert the tribunal”.
Furthermore, JED believes that the ministry, in issuing declaration of publication receipt no. 04/CAB.MIN.COM/018/2001 to “La Libre Afrique” on 12 March, after instituting a first ban based on the same motive, completed all the inquiries necessary to prove the veracity of the newspaper’s declaration. To claim, two months later, that the newspaper made false declarations either indicates the incompetence of the administrative head responsible for the job or a pretext which hides the true motive for the ban.
While expressing reservations about “La Libre Afrique”‘s journalistic practices, based on the law in question, JED asks the minister to cancel his decision. If he feels wronged, the minister should refer the matter to the judicial authorities responsible for delivering bans.
