• ALERT overview National Date: November 30, a2007 By Barnabas Thondlana, media consultant and awardPersons: Radio Lyambai winning Zimbabwean journalist who has worked in various Violation: Censored senior editorial positions at The Financial Gazette, The The Ministry of Information and Broadcasting Services Zimbabwe Independent and the banned Daily News and Daily (MIBS) has banned Radio Lyambai in Mongu from broadcasting call-in programmes. News on Sunday In a letter sent to the station dated November 30, 2007, Juliana Mwila, the ministry’s director of press and planning, said the programmes had to stop while the station was under investigation. According to Mwila, the station was under investigation for allegedly having failed to handle calls professionally, which resulted in the station “becoming a platform for confrontation, controversies and a channel of insults and misinformation.” Mwila called on the station to disseminate information in a balanced manner and to behave ethically. Tabb Lubinda, the station manager, appealed to Mwila for an open dialogue with the station. “We request to talk to you and exculpate ourselves before you take action,” he said. • ALERT Date: March 15, 2007 Persons: Media in Zambia, citizens of Zambia Violation: Legislation On March 15 2007, the Supreme Court upset a ruling by the Lusaka High Court that quashed the decision of the Minister of Information and Broadcasting Services to veto the names of board members nominated to sit of both the Zambia National Broadcasting Corporation (ZNBC) and Independent Broadcasting Authority (IBA) boards. Delivering judgement, Chief Justice Ernest Sakala said Lusaka High Court Judge Gregory Phiri erred in quashing the minister’s decision because it was made without attempting to Zimbabwe as provided under both the IBA and interpret the meaning of the word “recommendation” ZNBC (Amendment) Acts of 2002. He said before the decision of the Minister could be declared illegal and irrational, the substantive question that the court had to determine first was whether the use of the word “recommendation” in the relevant sections of both laws entailed discretion on the part of the Minister. He said the Supreme Court was satisfied that the word “recommendation” implied discretion in the person to whom it was made to either accept or reject the recommendation.” Justice Sakala observed that in making judgement, the judge took the route of examining the sections in broad terms without examining the words or phrases thereby glossing over the sections and altering the very fabric of the statutes. Justice Sakala said a distinction needed to be made between constituting the Boards and the operations of the Boards. He said that in constituting the Boards, the Minister was not bound to accept the names recommended by the Adhoc Appointments Committee. December 2004: Lusaka High court judge Gregory Phiri ruled that the decision of the Minister to veto the names was illegal, irrational, bad at law and therefore null and void. Judge Phiri ordered the Minister to take the names to parliament for ratification. The six media bodies include MISA Zambia, Press Association of Zambia (PAZA), Press Freedom Committee of The Post newspaper, Zambia Media Women’s Association (ZAMWA), Zambia Union of journalists (ZUJ) and Society of Senior Zambian journalists (SSZJ). • ALERT Date: January 15, 2007 Persons: Oblate Radio Liseli Violation: Censored The Catholic owned Oblate Radio Liseli in the Western Province of Zambia has come under pressure from traditional Lozi authorities in the area to stop playing Nyanja and Bemba music So This Is Democracy? 2008 -127- Media Institute of Southern Africa