• ALERT Date: October 18, 2008 Institutions: Joy FM Violation/issue: Banned The Malawi Communications Regulatory Authority (MACRA) ordered Joy FM to stop broadcasting, allegedly for failing to comply with licence conditions and provisions of the Communications Act. The station stopped broadcasting on October 17, 2008 at 6pm local time. The ban was communicated in a letter dated October 16 and singed by MACRA director general, Alexxon Chiwaya October 19, 2008: Joy FM, which had its license suspended on October 17, resumed broadcasting after a High Court injunction restrained Malawi Communications Regulatory Authority (MACRA) from revoking its licence. MACRA had ordered the station to cease broadcasting on allegations of not complying with licence agreement and provisions of the Communications Act. Ralph Kasambara, the station’s lawyer, told MISA Malawi that that the High Court judge felt that closing down the station could deprive Malawians of their right to information, which the radio station, as a component of the media, champions. Following the injunction, the station resumed broadcasting at 2.30pm on October 19, 2008. The injunction will be valid for seven days while waiting for Joy FM’s case to be reviewed. The Director of Broadcasting for MACRA, James Chimera, told a local newspaper that the station had been closed because it transferred ownership and was effectively in the hands of politicians, contrary to section 48(7) of the Communications Act. According to MACRA, the station was now owned by former Malawian President and national chairman of the opposition United Democratic Front (UDF) Bakili Muluzi; his wife. Patricia Shanil Muluzi; his son, Atupele Muluzi; and a Tanzanian investor. • ALERT Date: October 23, 2008 Person: Emmanuel Chibwana Violation/issue: Beaten On October 23, 2008 Malawi police arrested and assaulted a Zodiak Broadcasting Station reporter, Emmanuel Chibwana, over a remark he made on why the law enforcers arrested a man dressed in camouflage, while ignoring shops and vendors selling the camouflage. The remark followed an incident in which police arrested and assaulted a man who was dressed in army camouflage on October 22, 2008 and Chibwana was overheard discussing with a colleague on why police ignored those selling the clothes and targeted buyers only. Chibwana was released by the police unconditionally on the night of the same day only to be re-arrested the following morning when he went to the police station to obtain a report that would have enabled him to access treatment at the hospital. In an interview, Chibwana complained that he bled profusely on that night as one of the officers hit him and he was denied access to communication. • ALERT Date: November 7, 2008 Person/institutions: Journalists/Media Violation/issue: Threatened The Anti-corruption Bureau (ACB) has warned that it would soon start arresting, on charges of obstructing justice and hiding evidence, journalists who allege corruption but refuse to co-operate during investigations. ACB Director Alex Nampota said the bureau was failing to investigate a lot of alleged corruption cases published or broadcast in the media because reporters were not assisting with investigations. Nampota made these statements on November 6 in a story carried by The Daily Times. Commenting on this MISA Malawi chairperson Brian Ligomeka said that as much as journalists were playing a crucial role in fighting corruption, the bureau So This Is Democracy? 2008 -53- Media Institute of Southern Africa