The recommendation by the ANC leadership to set up a media tribunal is a clear sign of the growing discomfort and failure to get used to media scrutiny by those in power. The South African media has adequate voluntary mechanisms through which the publics’ concerns on the work of the media can be addressed. And the civil courts remain open to those who do not believe in voluntary arbitration. One wonders where the proposed tribunal will fit and how it will serve those in power. The gagging of newspapers especially the Mail and Guardian and The Sunday Times and legal suits against journalists and media organisations in 2007, sends a clear message to the media on how it is expected to perform. New media laws in southern Africa: to what end for media and freedom of expression rights? It is interesting to note that in 2007 new laws, which impact on media and freedom of expression rights were either proposed, debated or implemented in all corners of southern Africa. These include the Freedom of Information Bill in Mozambique, media regulation laws in Swaziland, the Freedom of Information and Independent Broadcasting Authority Acts in Zambia and new media laws in Tanzania. The passing and implemention of the aforementioned laws in Zambia attests to the successes of MISA in advocating for democratic laws. This example, though slow and flout with pitfalls, can still be replicated in other countries. Zimbabwe proposed amendments to the infamous AIPPA, POSA and BSA in December 2007. These amendments are not expected to make any positive impact on the media situation. Swaziland remains an interesting case of a cover up of repression under the guise of Parliamentarianism. There is but one law in Swaziland, the word and wishes of the King. While Tanzania records few media and freedom of expression violations as compared to other countries in the region, proposed media laws seeking to set up and impose statutory regulation, point yet again to another example of legislative regression with regard to media rights. It should be pointed that the Tanzanian Media Council is one of the few success stories of voluntary regulation that should be protected. Conclusion The state of the media in southern Africa remains a mixed bag of successes and challenges. MISA remains committed to its cause and celebrates that no journalist is behind bars in the 11 countries monitored and that the broader civil society is engaging more actively on media and freedom of expression issues. Sadly the situation in Lesotho, Zimbabwe and Swaziland remains a cause for concern needing constant attention. So This Is Democracy? 2007 -6- Media Institute of Southern Africa