his lawyers to lodge an appeal with the High Court asking it to declare the legislation unconstitutional. The Act was evoked on September 14 to arrest opposition leader Gwanda Chakuamba after he allegedly insulted President Bingu wa Mutharika at a political rally. Capital Radio broadcast the rally live to millions of Malawians. A day after the broadcast, the Malawi Communications Regulatory Authority (MACRA) visited the station demanding a copy of the recording of the rally. The legislation has been targeted by MISA Malawi for repeal as it hinders media freedom. · ALERT Date: September 14, 2005 Persons/Institutions: Gwanda Chakuamba Violation: Other On September 14 2005, police evoked the Protected Emblems and Names Act of 1967 to arrest opposition leader Gwanda Chakuamba after he allegedly insulted President Bingu wa Mutharika at a political rally. Capital Radio broadcast the rally live to millions of Malawians. A day after the broadcast, the Malawi Communications Regulatory Authority (MACRA) visited the station demanding a copy of the recording of the rally. Chakuamba’s outburst followed President Mutharika’s decision to fire him from Cabinet. Chakuamba was demoted from Minister of Agriculture to Irrigation, effectively dropping on Malawi protocol ladder from MG 3 to MG 5, a reason he cited as one of many behind his frustration. He has since been granted bail by a magistrate’s court in Blantyre. In March the police evoked the Protected Emblems and Names Act against three local journalists following a story that Mutharika was haunted by ghosts in his 300-bedroom palace. · ALERT(with updates) Date: March 15, 2005 Persons/Institutions: Raphael Tenthani, Mabvuto Banda Violation: Detained Two journalists were arrested on March 15, 2005, by police at their homes in the commercial capital of Blantyre, in southern Malawi, after reporting that the president feared ghosts may haunt the presidential palace. They are currently being detained at police headquarters in the capital, Lilongwe. According to news reports and local sources, the arrest of BBC reporter Raphael Tenthani and Mabvuto Banda of the independent daily The Nation stemmed from reports by the journalists alleging that President Bingu wa Mutharika had moved out of the presidential palace because of fears it was haunted. Reverend Malani Mtonga, a senior adviser to the president whom the journalists quoted as their source, denied the reports after they appeared, and President Mutharika has claimed that his political enemies planted the allegation in the press, according to local and international news stories. March 16, 2005: Raphael Tenthani and Mabvuto Banda were released on bail after being held overnight by police in the capital, Lilongwe. Both journalists have been charged with “publishing a false story likely to cause public fear contrary to Section 60 (1) of the penal code”. · ALERT Date: January 29, 2005 Persons/Institutions: Collins Mtika Violation: Beaten On January 29 2005, “Daily Times” reporter Collins Mtika was beaten up by supporters of the Alliance for Democracy (AFORD), a party that is a member of the ruling coalition. Mtika told MISA-Malawi that he was attacked when he went to cover a press conference at So This Is Democracy? 2005 -73- Media Institute of Southern Africa