should not expect them to disclose their sources as that would violate their ethical conduct.
• ALERT
Date: November 20, 2008
Institutions: Joy FM
Violation/issue: Banned

The Malawi Communications Regulatory Authority (MACRA) once again shut down Joy FM
after the High Court in Blantyre lifted an injunction that the radio station obtained on October
17, 2008. The injunction restrained MACRA from closing the station on accusations of breaching licence conditions, failing to comply with the provisions of the Communications Act and
for effectively transferring its ownership into the hands of politicians. However, MACRA
challenged the injunction obtained by Joy FM and High Court Judge Joseph Manyungwa
ruled in favour on the regulatory body on November 19. The head of news at Joy FM, Lloyd
Zawanda, said they stopped all broadcasting at 10am on November 20, 2008 and referred the
issue to their lawyers.
• ALERT
Date: November 20, 2008
Person: Maxwell Ng’ambi
Violation/issue: Detained/ harassed

The Magistrate’s Court in Lilongwe acquitted Nation Publications journalist Maxwell Ng’ambi
of the charge of providing false information to a public officer. Ng’ambi was arrested on May
17, 2008 at Maula Prison where he was suspected of planning to interview a former speaker
and minister of education, Sam Mpasu, who is serving a jail term. The prison authorities
handed him over to the police and he was charged with providing false information to a public
servant whereby he had allegedly lied that he was related to Mpasu. Senior Magistrate Kettie
Nthara said she could not convict Ng’ambi because the Police did not have enough evidence
to support the charge.
• ALERT
Date: November 26, 2008
Institutions: Joy FM
Violation/issue: Banned

Joy FM is appealing to the Supreme Court to reverse the High Court ruling that resulted in
the station going off air on November 20, 2008. The High Court ruling lifted an injunction
that Joy FM had obtained, which prevented the Malawi Communications Regulatory Authority (MACRA) from revoking their broadcasting licence. MACRA maintains that the station,
which is privately owned by the country’s former president and current United Democratic
Front presidential candidate Bakili Muluzi, contravened the Communications Act, which bars
politicians from owning radio stations.
• ALERT
Date: November 26, 2008
Person/institutions: Joy FM/ public
Violation/issue: Banned

Police, on November 26, 2008 stopped a march by concerned listeners of Joy FM who wanted
to deliver a petition to the district commissioner to have the radio back on air. According to
chairperson of the organising committee for the march, Harris Chisale, the march was to express their concern over the station’s closure, which he said has deprived them of their primary
source of information and business communication.
“Joy FM offers competitive [advertising] rates that we small-scale business persons could
afford. With the closure, we have no where [to go] as other radio stations are expensive. We
could even bargain with Joy for lower rates,” he said.
So This Is Democracy? 2008

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Media Institute of Southern Africa

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