stakeholders from the telecommunication, commercial and community sectors to gain their input
on submissions for inclusion in the draft Bill. MISA-Namibia subsequently submitted the
recommendations (position paper) from the stakeholders to the NCC. Some aspects of the
position paper were incorporated in the Draft Communications Bill i.e. the status of community
broadcasting. However, an action plan needs to be formulated to lobby for the incorporation of
the outstanding proposals, especially recommendations on converting the state broadcaster into a
public broadcaster.
MISA-Namibia also launched a campaign to abolish the Broadcasting Act – which regulates the
NBC separately. Our aim is to eventually have the NBC regulated by an independent regulatory
body.
A public meeting was held to raise public awareness on the need for an Independent Broadcasting
Authority.
In March 2004, MISA-Namibia commissioned the updating of Advocate Dave Smuts’ audit of
media laws in Namibia. Once this updating has been completed in mid-May 2004, it will be
published in a booklet to be distributed to parliamentarians, civil society and other interest
groups.

4.2.4 South Africa
Under media law reform project the chapter continued to campaign against repressive legislation.
It reacted to usage of laws that has the potential of muzzling press freedom in South Africa. The
chapter, too, continued to campaign for media use of the Promotion of Access to Information
ACT (PAIA). The chapter also raised awareness among MISA-SA members on the PAIA
legislation.
The chapter also spearheaded the insult law campaign that has been initiated by IFEX. The
campaign seems to be successful on a continental and international context but cannot be assessed
in terms of South Africa as the country does not have any insult laws on its statutes.
The chapter also mounted an intensive campaign to fight government appointed commission of
inquiry to have journalist’s subpoena before it. The project outputs were achieved although it is
not possible to assess the longer-term impact on the rights of journalists' to protect their sources.
The legal opinion received indicated that the application had a slim chance of succeeding either
as a s38 or amici application as the Constitutional Court did not encourage academic applications
nor would it look favourably on an application that did not directly affect the rights of the
individual concerned. Given that Judge Hefer had already ruled that the journalists' testimony was
not required and the commission had concluded its investigation, the partner organisations did not
pursue this matter further.
The chapter also intervened in the proposed eviction of media practitioners from the parliament
building in Cape Town. It is not yet possible to assess the impact that MISA-SA's intervention
has had on the eviction process. One positive outcome is that MISA-SA has started engaging
with various political parties in order to generate support for this campaign.

4.2.5 Swaziland
The campaign in Swaziland focused on the repressive nature of the government and fighting
against the usage of repressive and outdated laws that date from the colonial times. The chapter
also campaigned vigorously against exclusion of media freedom provision in the proposed

MISA Annual Report (April 2003 – March 2004)

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