State of the media in Southern Africa - 2003 208 in 2002 (and 207 in 2001) to 188 during 203, a decrease of 9.7% since the previous year. A new feature of the alerts, however, is a gender component in terms of which media violations are broken down to show how many men and women were affected by violations of their media rights. In 2003, 15 female and 72 male practitioners were affected. Tanzania underwent, and appears set to continue with a programme of extensive media legal reforms. During 2003 broadcasting reforms were made and the government and media fraternity are cooperating in terms of legal research to reform other media laws as well. Some of the broadcasting reforms made so far, including the promulgation of the Tanzania Communications Regulatory Authority Act, which provides for the establishment of the Tanzania Communications Regulatory Consumer Consultative Council (TCRA), is a step in the right direction. Contrary to the African Charter on Broadcasting, the government will still continue to licence broadcasters, but has created a consultative body drawn from the media industry and civil society to advise it. The government appoints the body from nominations made by the business and civil society sector. After five long years, and a year of great political turmoil in 2002 characterised by serious clashes between the judiciary and the state on issues of the rule of law, a draft Constitution was finally produced for Swaziland last year. Some new magazines and a privately owned television channel have also been created, and although these do not focus on political issues, at least they create more diversity and, importantly, jobs. The draft Constitution guarantees freedom of expression and freedom of the press for all its citizens, except those who “consent” to be “hindered” in the enjoyment of this freedom (an extremely strange provision). It is not clear whether general clauses of limitations are included in the draft constitution, which could be invoked to unreasonably curb freedom of expression and other human rights. The King is also to retain his powers to issue Decrees, but assuming that these would have to be line with the constitution, at least a framework has been created within which to contain them. The courts have also become bolder in recent years. In 2002 the Appeal Court struck down Royal Decree no. 3, resulting in one of the incidents of confrontation between the judiciary and the state. The draft constitution falls far short of models of best practise and international standards, but it is an improvement in a country where the previous constitution was withdrawn by Royal Decree in 1973, and which has been without one, and no guarantees for human rights, ever since. After Zimbabwe with 102 alerts for 2003, Malawi has overtaken Zambia as the country that normally takes second place in MISA’s charts of media rights infringements. Malawi recorded 18 alerts. However, in national terms, the statistics in Malawi are remaining constant, and those in Zambia have decreased. In 2000 Malawi recorded 16 alerts, 18 in 2001 and 17 in 2002. This is a sign of continuing and festering media freedom problems, and in a broader democratic context, a sign of political stagnation in the country. Journalists in Malawi continue to be beaten, censored, detained, threatened and convicted under anti-media freedom laws. The alerts, however, show that at least in one recorded instance journalists behaved unethically. Another feature of the alerts in Malawi over the last two years, are the attempts by the state, through the Malawi Communications Regulatory Authority (MACRA) and the country’s broadcasting laws to obstruct private and community radio stations from giving a voice to opposition political parties in the country. This is despite the evidence, and like many other state broadcasters in the region, that the Malawi Broadcasting Corporation provides coverage of the ruling party and government only. In a statement that contradicted every principle of the 1991 Windhoek Declaration on the Promotion of an Independent and Pluralistic African Press, which Malawi adopted along with all other members states in the general conference of UNESCO, So This Is Democracy? 2003 9 Media Institute of Southern Africa