State of the media in Southern Africa - 2004 Zambia By Kenny M. Makungu Kenny Makungu is a Lecturer of Journalism and Mass Communication, in the Department of Mass Communication, School of Humanities and Social Sciences, at the University of Zambia (UNZA). He is the holder of a Masters Degree in Journalism Studies, obtained from the University of Wales, College of Cardiff, a Bachelor of Mass Communication Degree from the University of Zambia, and a Diploma in Journalism from the Evelyn Hone College of Applied Arts and Commerce. He is currently head of the Department of Mass Communication at UNZA. A struggle for media freedom During 2004, Zambia made little progress in its struggle to have the Freedom of Information Bill re-introduced in Parliament and legislated. The government and media also failed to have the names of Independent Broadcasting Authority (IBA) and the Zambia National Broadcasting Corporation board members taken to the National Assembly for ratification. These two issues served to show a major difference in opinions. The Government feels that in spite of the progress the country has made in liberalising the media - for example, through the passing of laws which brought the IBA and ZNBC into being - it should retain some measure of control. However, press freedom advocates believe the media should be left to serve the interests of all people, regardless of their political affiliations. In February 2001, Government had published a draft Freedom of Information Bill that would have made it easier for the press to access Government-held information, but the Bill was withdrawn before being tabled in Parliament. It has not been reconsidered. Triumph in the courtroom The IBA/ZNBC issue resulted in a High Court case that was won by six media bodies, which jointly sought a judicial review following a decision by the Minister of Information and Broadcasting Services, Mutale Nalumango, to veto some of the people recommended to sit on the boards by two appropriate ad-hoc appointment committees. In his judgement on December 23, 2004, Lusaka High Court Judge Gregory Phiri said the Minister’s decision in the context of the new legislation not only promoted non-compliance with the new law, but also prevented and frustrated the vital media law reforms in Zambia. “The decision clearly prevents the law from taking its course; thereby making it moribund from its beginning. In this context therefore, I have found the Minister’s decision to be irrational,” he said. The Judge observed that the two pieces of legislation (IBA and ZNBC) represented a clear and deliberate effort at reform of the law and circumstances that previously existed, and that the two laws were clearly and deliberately aimed at moving Government away from direct and day-to-day control of both public and private media organisations in Zambia. “Specifically, the law clearly creates the IBA and an independent board of directors for ZNBC, a key public media organisation in Zambia, free from interference and not subject to the direction of any other person or authority,” he said. Judge Phiri, however, noted that he had not found any evidence to suggest that the Minister’s So This Is Democracy? 2004 119 Media Institute of Southern Africa