political set-up, the power to issue such licences should be reposed on a neutral body, and not the central Government. Legal Regime In Zambia, as elsewhere in Africa, it is not so much the absence of explicit constitutional provisions on press freedom which is worrying, as the fact that whatever legal provisions exist are rendered useless by a host of repressive subordinate legislation. This is an ambivalent position, which militates against progress in the legal reform process. As long as the ruling elite seek sanctuary in archaic and, in some instances, anachronistic legislation for political expediency, they will not advance the cause of democracy. Article 20 (1) of the 1991 Constitution of Zambia provides for freedom of expression and Article 20 (2) provides for press freedom. However, these constitutional provisions notwithstanding, the legal protection they purport to provide is non-existent as there are numerous other statutes the state can invoke to override these constitutional provisions. This makes a mockery of the whole situation because the Constitution ought to be the supreme. Most of the notorious pieces of legislation which impact negatively on media operations are entrenched in the Penal Code. The State Security Act number 36 of 1969 also has certain provisions that undermine free flow of information. The Freedom of Information Bill, which is, as intimated by the Government, likely to be tabled in the Parliament, soon will be a major breakthrough in the quest for greater access to information held by the Government. This is of course if, the Government does not renege on its promise, and the proposed law is eventually enacted. This Act will force the Government to be more accountable as its operations will no longer be shrouded in secrecy. The Bill is yet to be made public. Media Unity Still Elusive Mutual mistrust and suspicion continues to characterise the relationship between journalists in the state-owned media and the private sector. Consequently, it has not been possible to persuade the two groups to subscribe to a common code of ethics. The Media Council of Zambia (MECOZ), a non-statutory, voluntary self-regulatory media body, is moribund because it is under-subscribed and lacks financial support. Media bodies did not take any steps to form a united front in 2007. Conclusion In spite of the harassment it was subjected to in 2007 and the setbacks, the media in Zambia remains steadfast in its resolve to continue playing its public watchdog role. On the longawaited legal reforms, there is a glimmer of hope that the NCC, which commenced sittings in December 2007, will come up with unambiguous clauses that will entrench press freedom in the new Constitution. So This Is Democracy? 2007 -114- Media Institute of Southern Africa