State of the media in Southern Africa - 2004 to grant an order directing Minister of Information and Broadcasting Services Mutale Nalumango to transmit the names to parliament for consideration and ratification. In their submission before High Court Judge Gregory Phiri in Chambers, Patrick Matibini and Norman Sampa argued that the minister’s decision to veto the names was irrational and ultraviles as the proper body with discretion to do so was the National Assembly. They said that the minister’s decision was tantamount to usurpation of parliamentary jurisdiction and urged the Court to declare it null and void. The two submitted that the intention of the two Acts as seen from the parliamentary debates prior to their enacting by parliament was to transfer excessive discretion and control from the Minister to the two Boards instituted under the two Acts and not submitting the names accordingly would be reversing the very intention for which the Acts were created. They asked the court to interpret the word “recommend” as it exists in the context of the two Acts. • ALERT Date: November 26, 2004 Persons/Institutions: Zambia Daily Mail, Times of Zambia and Zambia National Broadcasting Corporation (ZNBC) Violation(s): Threatened On November 24 2004, Deputy Minister of Commerce Trade and Industry, Geoffrey Samukonga, caused a furore at the “Zambia Daily Mail”, “Times of Zambia” and Zambia National Broadcasting Corporation (ZNBC), accusing the organisations of tarnishing his image. Samukonga threatened to have the newspaper’s managing editor Godfrey Malama fired if he did not dismiss chief reporter Patson Phiri who he accused of writing adverse stories against him. Mr. Samukonga stormed the “Daily Mail” newsroom and unleashed a tirade of insults on chief reporter Patson Phiri, whom he accused of writing adverse stories against him. Thereafter, the deputy minister reportedly proceeded to Managing Editor Godfrey Malama’s office, where he allegedly insulted him. He also allegedly pointed his finger menacingly in the face of editor in chief Mary Mbewe and threatened to cause the dismissal of top management at the “Daily Mail” if Phiri was not fired. “The Times of Zambia” and ZNBC reported that Samukonga repeated fit of rage at both institutions. At ZNBC he reportedly threw papers about in anger at a story that his firm had been sued by a security company for non-payment of services rendered. • UPDATE Date: December 1, 2004 Persons/Institutions: Zambian media organisations/coalition Violation(s): Legislation On December 1 2004, Lusaka High Court Judge Gregory Phiri set 21 December 21, 2004, as judgment in the case in which the five media bodies have sued the Minister of Information and Broadcasting Services (first respondent) and Attorney-General (Second respondent) for vetoing the names recommended to sit on the boards of the Independent Broadcasting Authority (IBA) and Zambia National Broadcasting Corporation (ZNBC) respectively. • ALERT Date: December 20, 2004 Persons/Institutions: Kangwa Mulenga, Brighton Phiri, Mutuna Chanda and Eddie Mwanaleza. Violation(s): Detained, censored On December 20 2004, Police in riot gear in Lusaka assaulted, detained and charged four journalists with “conduct likely to lead to breach of the peace” and barred several others from So This Is Democracy? 2004 133 Media Institute of Southern Africa