1.2 The right to freedom of expression is practiced and citizens, including journalists, are asserting their rights without fear. The extent to which citizens claim their rights to free expression appears to be tied strongly to social and economic status, i.e. those who have the means and/or those in urban areas. Radio phone-in talk shows are patronised by the few who can afford the telephone call. State control of resources prevents many citizens from expressing their opinions openly, as they fear that it may lead to restriction of access to benefits. In Qacha’s Nek, the Prime Minister’s constituency, families are receiving free maize. This creates the implicit fear that they may lose that benefit if they express anti-government opinions. Economic measures, such as the awarding of government contracts (tenders) have often had the effect of silencing critical voices. By the same token, government advertising in the media is also directed to media houses that appear “friendly” to government policies. National security has been repeatedly used as a justification for, such as the 2007 state of emergency where the Commissioner of Police and Commander of the army instructed the public not to discuss security issues in the media. Reporters are attacked while covering political rallies on both sides. By the same token the media also polarises issues. Numerous debates in private media so journalists are free. But it depends on which position they are at, if they are in the government media they will be pro-government, if they are in the private media they are likely to be pro-opposition. The Principal Secretary of Communications was recently quoted saying, “The media shouldn’t discuss the succession of the Prime Minister.” Such statements make people fear expressing their opinions. Government demands call records from telecommunications companies for radio talk shows, and taps phones, sometimes using security as the reason for these demands. South Africa has a legislative framework where laws are specific about government access to private communications, the Zimbabwe government has all access, but Lesotho is not clear. Consultants or businesses are labelled as opposition, depending on which media houses they use to air their views. Publicity of the 16 days campaign was restricted because an official was not happy with using a newspaper that had carried a story about him earlier. Security agents are now working on a by-law to grant them access to phone records on demand. Score – 1,2,1,1,1,1,1,1 = 1.1 1.3 There are no laws restricting freedom of expression such as excessive official secrets or libel acts, or laws that unreasonably interfere with the responsibilities of the media. ANALYSIS During the government and taxi operators’ standoff, the Minister of Communications claimed So This Is Democracy? 2008 -159- Media Institute of Southern Africa