State of the media in Southern Africa - 2003 and overall control over the electronic media. Aspiring radio station, Capital Radio partly won its constitutional challenge against the Minister of Information in its challenge of the BSA. The Supreme Court ruled in September 2003 that the Minister had too much power granted in the Act and also that no reasons were given as to why the law stipulates that only one license for another free-to-air radio and television station will be issued. Aspiring TV station, Munhumutapa African Broadcasting Corporation lost its Administrative Court case to have the Broadcasting Authority of Zimbabwe (BAZ) reverse its decision to deny it a license. The court ruled that BAZ had acted within the provisions of the law as the aspirant had failed to provide sufficient information in its application. The Zimbabwe Broadcasting Corporation also banned without reasons, an anti HIV-AIDS radio programme, Mopani Junction. The ZBC like all newspapers controlled by the state has remained closed to any other voices apart from the government and ruling party, ZANU PF. The government also appeared to signal a crack down against the free flow of information with the arrest of more than a dozen citizens in November 2003 for “circulating a subversive e-mail inciting the public to hold violent demonstrations”, allegedly to oust President Mugabe from office. In this particular instance, the Public Order and Security Act (POSA) was evoked and they faced charges of spreading false information. The 14 people were arrested while writing email messages to colleagues on the worsening economic and political situation in Zimbabwe. This assault on the people’s privacy and their right to receive and impart information was confirmed with the revelation in The Daily Mirror of 9 December 2003 that the government intended to acquire Z$4 billion worth of state-of-the-art eavesdropping equipment to monitor e-mail and internet traffic. There were, however, indications of some light at the end of the long tunnel: Lower courts especially the High Court and the Administrative Court have shown some degree of consistency in defending media and freedom of expression rights. On 17 September High Court judge, Yunus Omerjee ruled that the police action in forcibly occupying ANZ premises and seizing the company’s equipment was illegal. On 24 October Administrative Court judge, Michael Majuru, ruled that ANZ should be issued with a certificate of registration. Judge Selo Nare allowed ANZ to carry into effect the judgement of Judge Majuru. He ruled the order should remain in effect despite the noting of an appeal against it by the MIC. AIPPA has become a weapon in the arsenal of the government. It is used to exercise control over journalists and media houses in a bid to prevent or forestall critical reporting. This is done through licensing of mass media institutions and media practitioners. The forced closure of The Daily News and The Daily News on Sunday leaves readers all the poorer in their freedom of choice and freedom to access information. So This Is Democracy? 2003 112 Media Institute of Southern Africa