State of the media in Southern Africa - 2004 Tribunal Chairperson Judge Esau Chulu who sat with Judges Philip Musonda and Charles Kajimanga, ruled that the proceedings would be held in camera, despite an application by Mukelabai’s lawyer, Vincent Malambo, that they should be open to the public. • ALERT Date: February 20, 2004 Persons/Institutions: Joseph Ngenda, Dennis Mwiiya and Mwala Kalaluka Violation(s): Detained, threatened On February 20, 2003 two reporters working for “Radio Lyambai”, a community radio station in Mongu, 581 kilometers west of the capital, Lusaka, were detained by police for about four hours for allegedly inciting people in a local township to riot. Joseph Ngenda and Dennis Mwiiya both producers at “Radio Lyambai” were picked up by three armed police officers for presenting a programme that police claimed led to a riot in which residents of Imwiko township beat up and set on fire the home of a suspected child abductor. Mwala Kalaluka, a Zambia Information Service reporter who was covering the riot, was detained for two hours and threatened with shooting if he did not stop interviewing witnesses. He was also called “a fake reporter who reports lies”. On February 19 2004, “Radio Lyambai” aired a programme in which a family accused Mongu police of dragging their feet in investigating a case in which a boy, believed to have died two years ago, “miraculously” returned to his parents. A man from a nearby fishing community who was alleged to have used witchcraft to abduct the boy, who he later claimed as his own, was beaten and had his house burnt by irate residents who accused the police of alleged coverup in the investigations. The residents allegedly rioted after hearing the programme on the radio station where by the boy’s supposed biological parents accused the police of shielding the alleged wizard. • ALERT Date: April 26, 2004 Persons/Institutions: Roy Clarke Violation(s): Victory (expelled) On April 26 2004, Lusaka High Court Judge Phillip Musonda quashed a deportation order issued by Home Affairs Minister Ronnie Shikapwasha against “Post” newspaper columnist Roy Clarke, saying it was unlawful and violated freedom of expression. Clarke, a British national and permanent resident of Zambia, had appealed against the order. In his ruling Justice Musonda said the deportation order violated Section 26(2) of the Constitution in that there was procedural impropriety in the way the order was issued. He said that Clarke had shown that his constitutional rights including freedom of expression and the right not to be discriminated against, were violated by the state. • ALERT Date: April 24 and 25, 2004 Persons/Institutions: Samuel Botha, George Lwanja and Chaison Gwede Ngulube Violation(s): Detained, beaten, threatened On April 24 and 25 2004, Samuel Botha (sub-editor) and George Lwanja (programme manager) who work for “Radio Chikaya” - a small community radio station in Lundazi about 800 kilometers north east of Lusaka - were arrested, detained and charged with “obstructing a police officer on duty”. Related to the incident, radio announcer and volunteer Chaison Gwede Ngulube was arrested in connection with a murder investigation at a village in Lundazi. Botha and Lwanja were arrested after they prevented a police officer from entering the So This Is Democracy? 2004 129 Media Institute of Southern Africa