“with intention to bring the reputation of his Excellency Levy Patrick Mwanawasa State Counsel into hatred, ridicule and contempt”, with words stating that Levy exhibited foolishness, stupidity and lack of humility. The words were published in an editorial in which Mbembe criticised the President for not heeding former president Kenneth Kaunda’s advice that he should iron out differences over the adoption of the proposed new constitution with his critics. It is currently an offence under section 69 of the Penal Code for anyone with the intention of bringing the Head of State into hatred, ridicule, or contempt to publish any defamatory matter insulting of the President. The courts have for years upheld the constitutionality of section 69 on the grounds that the President is said to enjoy a special status and it is therefore legitimate and justifiable to protect his status. However, such a provision can be said to have a stifling effect on freedom of expression, especially since the said section has no provision for taking into account the context or background on which such material is published or said. The trial is currently ongoing. This is the fourth legal suit in which Mmembe has fallen victim to the said section over the years. Freedom of information This year the media continued to fight for legislative changes intended to enhance freedom of information in the country. During World Freedom Day celebrations on May 3 2005, the media called on government to enact the Freedom of Information Bill immediately. Earlier on January 20 then Minister of Information and Broadcasting Services Mutale Nalumango stated during a radio programme on the Zambia National Broadcasting Corporation services that government was not in a hurry to enact the Freedom of Information Bill. On December 16 2005, the new Minister of Information and Broadcasting Services, Vernon Mwaanga, stated that the government was still researching information laws of several other countries to come up with laws that will reconcile state security. Government’s arguments of the need for consultations on the basis of national security appear to be a scapegoat for its failure to enact the information bill. Sections 22 to 27 of the act lay down the procedures to be followed when acquiring information from public authorities. Sections 11, 12, 13 and 14 provide criteria for when a public authority is exempt from giving information and what type of information. Section 9 prohibits and penalises disclosure of information without any written consent from the commission. Therefore, arguments of breach of national security are not well founded as any such breach can be dealt with by the courts of law. State denies constitutional guarantees of access to information In a related development government opposed a proposal by the current Constitutional Review Commission that the new constitution should contain a clause guaranteeing access to information. Minister of Justice George Kunda stated in a letter to the Secretary of the Constitution Review Commission in October 2005 that the government was opposed to Clause 72 in the draft constitution, which provides for access to freedom of information because it would compromise state security. Broadcasting boards still pending The media is still at loggerheads with the government over broadcasting board members. This So This Is Democracy? 2005 -129- Media Institute of Southern Africa