State of the media in Southern Africa - 2004 transmission studio to arrest Ngulube, who was anchoring a live discussion programme at the time. Lwanja however, was only arrested the next day when he attempted to negotiate for Botha’s release from detention. Lwanja told MISA-Zambia that he and Botha were beaten up in the process. “He (police officer) slapped me on the face and hit me with a gun and threatened to shoot me while pointing the gun at me. He then fired the gun in the air which attracted the attention of passers-by,” he said. Lwanja was later released on bond after being remanded in custody for close to six (6) hours while Botha was only released after two (2) days following the intervention of the chairperson of the station’s board of directors, Muyunda Zulu. • ALERT Date: June 3, 2004 Persons/Institutions: Zambian media organisations/coalition Violation(s): Legislation On June 3 2004, the Lusaka High Court granted a stay of execution to the Media Institute of Southern Africa (MISA)-Zambia and five other media bodies prohibiting the Minister of Information and Broadcasting Services from stopping presentation or vetting presentation of some names of board members recommended by the Ad Hoc Appointments Committees appointed under the provisions of the Independent Broadcasting Authority (IBA) and Zambia National broadcasting Corporation (ZNBC) (Amendment) Acts of 2002 to sit on the two institutions’ boards. This is in a matter in which MISA Zambia, together with the 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 newspapers are seeking judicial review challenging the Minister’s decision not to submit all the names to parliament for ratification. Lusaka High Court Judge Gregory Phiri granted the stay following an application for leave filed in the Lusaka High Court on 3 June by MISA Zambia as first applicant, PAZA, ZUJ, ZAMWA, SSZJ and the Post newspapers seeking, among other things, to quash the Minister’s decision. In their application, the media bodies contended that the refusal by the Minister of Information to forward some of the names for presentation to the National Assembly amounts to usurping the role of the National Assembly to ratify or refuse to ratify the names. They argued that the Minister does not have the power to vet the names presented by the appointments committees, as doing so is contrary to the provisions of the law. They also said the Minister’s decision not to present some of the names amounts to discriminating on extraneous grounds. BACKGROUND: On May 30 2004, Information and broadcasting Services Minister Mutale Nalumango announced that she would remove some appointees from the IBA board. Nalumango has come under fire for delaying the submission of nominees to the ZNBC and IBA boards to Parliament for ratification. The ZNBC (Amendment) and IBA Acts were enacted in December 2002. • UPDATE Date: August 31, 2004 Persons/Institutions: Zambian media organisations/coalition Violation(s): Legislation (victory) On August 27 2004, the Lusaka High Court dismissed an application by the state arguing that six media organizations that sued the state had wrongly commenced the matter of challenging the legality of government’s decision not to take all the recommended names appointed to sit on the Independent Broadcasting Authority (IBA) and the Zambia National Broadcasting So This Is Democracy? 2004 130 Media Institute of Southern Africa