2013 Judge John Manyarara
Memorial Lecture
The Judge John Manyarara Memorial Lecture is
held each year, in honour of Judge Manyarara, the
founding Chairperson (1994 – 2000) of the MISA
Trust Funds Board (TFB).
Long-time media freedom activist Dr. Fidelis Edge
Kanyongolo presented the 2013 lecture in Blantyre,
Malawi on the topic: ‘The role of the judiciary in establishing a societal balance between media freedom and a person’s right to their reputation’. The
audience included members of the judiciary, journalists, law students, media freedom activists and
civil society representatives.
Delivering the lecture in 2013 was personally significant for Dr. Kanyongolo, who said, “this is the year
when I commemorate the 30th anniversary of the
start of my 15-month detention without trial when I
was a 20-year-old university student. My imagined
crime was that I had exceeded the bounds of freedom of expression.” He said it was also a significant year for the lecture to be held in Malawi because it marked 20 years since “the decision of the
country to replace the one-party dictatorship with
a pluralistic democratic order which set the foundation for the constitutional guarantees of freedom
of expression and press freedom that we enjoy today”.
In his lecture, Dr. Kanyongolo said he wanted “to
suggest a reflection of the role that courts can play
in contributing to the protection of media freedom”.
Dr. Kanyongolo’s lecture focused on how the judiciary:
•

protects media freedom within a media landscape of dynamic of changes;

•

adjudicates any conflict between media freedom and individual reputations; and

•

can use its adjudicatory role, especially in the
context of defamation laws, to advance the
cause of media freedom and freedom of expression.

SUPPORTING
JOURNALISTS
UNDER FIRE

M

ISA supports victims of media freedom
and freedom of expression violations with
practical support and by conducting evidence-based research and monitoring to
identify and publicise media freedom and freedom
of expression violations.
In 2013, MISA provided moral support to, and
helped increase awareness of the violations
against, journalists Nomawethu Solwandle and
Njanji Chauke (South African Broadcasting Corporation), Absalom Kibanda (Tanzania Editors’ Forum),
Anthony Masamba (Malawi Institute of Journalism),
Thoko Chikondi (Nations Publications Limited),
Bheki Makhubu (The Nation – Swaziland), Wilson
Pondamali, Clayson Hamasaka and Thomas Zyambo (freelance – Zambia), Paul Pindani (freelance
– Zimbabwe) Obey Manayiti (Newsday Zimbabwe),
Dumisani Muleya and Owen Gagare (The Zimbabwe Independent).
MISA joined a global coalition of NGOs petitioning
the African Court on Human and Peoples’ Rights
for leave to act as amicus curiae, or friends of the
court in the case of Issa Lohé Konaté. Konaté, the
editor of the Burkina Faso-based weekly L’Ouragan,
was convicted of defaming local State Persecutor
Placide Nikiéma, after he published two articles
raising questions about alleged abuse of power by
the prosecutor’s office. Konaté was sentenced to
12 months in prison and fined 4 million CFA francs
(6,000 Euros) on 29 October 2012.
MISA participated in the application based on its
belief that criminal defamation and insult laws severely restrict the space within which civil society
and the citizens of a country may question their
government or advocate for human rights.
13

Select target paragraph3