* December 23, 2004: Lusaka High Court Judge Gregory Phiri ordered the Minister to submit
the recommended names to parliament for ratification and ruled that her decision to veto the
names of board members was bad at law, irrational, null and void and of no effect. Judge Phiri
also ruled that the Minister be prohibited from vetting the names as recommended by the two
duly constitute Ad- Hoc appointments committees because she did not have the power to do so
under the two legislation.
* June 2004: MISA Zambia, Press Association of Zambia (PAZA), Zambia Union of Journalists (ZUJ), Zambia Media Women’s Association (ZAMWA), Society of Senior Zambian Journalists (SSZJ) and the Post newspaper’s Press Freedom Committee jointly sought judicial
interpretation over the appointments process by suing the Minister and the Attorney General.
Both the ZNBC (Amendment) Act and IBA Act became law in December 2002 but could not
be implemented fully because the Minister declined to submit the names of recommended
people to sit on the two boards to Parliament for ratification.
The IBA Act seeks to establish an independent body to control and regulate broadcasting in
Zambia while the ZNBC (Amendment) Act intends to transform ZNBC from a state broadcaster to a public service broadcaster.
* February 11, 2005: The Lusaka High Court adjourned hearing in the case in which the State
has applied to the High Court to stay the judgement made by Lusaka High Court Judge Gregory Phiri on the appointment of nominated board members of both the Independent Broadcasting Authority (IBA) and Zambia National Broadcasting Corporation (ZNBC) will be heard
before Judge Gregory Phiri to February 24 2005.
This follows an application by the Chief State Advocate Dominick Sichinga to adjourn because the there had been no sufficient notice to re-schedule the hearing from February 16 to
February 11 2005. The State is dissatisfied with Justice Phiri’s decision and filed a notice of
appeal against the decision to the Supreme Court on January 27, 2005.

So This Is Democracy? 2005

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Media Institute of Southern Africa

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