SECTOR 4 Initially the MCC was established as a voluntary association under a constitution. In terms of the original MCC constitution, the organisation’s general council appoints a body of commissioners and a mediator. The MCC seeks to retain these institutional arrangements under the NPO framework. Under the procedural rules of the MCC a complaint is submitted to the secretariat and once it meets the criteria for submission, it is referred to the mediator, who seeks to resolve the matter. If a resolution is not reached, the matter is referred to the commission which acts as an adjudicative council. The commission is to be comprised of representatives of media owners, journalists and the public. The commission, it is envisaged, can reprimand the offending media, and order that an apology to the complainant be published. So far, only the Times of Swaziland and Swazi Observer have subscribed to the MCC. Other media haven’t bought into it. The Nation, for example, says it cannot be compelled to be part of it. Broadcasters are also not included in the MCC at present. “That is the loophole that government is going to exploit.” Presently, the MCC still is not operational. “The commission is registered, the only thing outstanding is for the members to meet and to put in place the administrative and executive framework and initiate the process. How long that takes depends. Formally, we could have it up and running in a matter of weeks.” “Self-regulation within the media is a step in the right direction.” But there is yet another hurdle to overcome. The judge who was identified to chair the MCC, Justice Thomas Masuku, has been suspended by the Chief Justice over another matter at the end of June 2011, throwing the judiciary into turmoil, and further delaying the MCC in the process. For now, the courts remain the only resort for those looking to hold the media accountable. “As we speak, even the chief justice is suing The Nation. The core principle of self-regulation is that it provides a real and credible alternative to litigation. Therefore it is important that the key media operators – at least the main dailies – are part of the process. If someone opts for mediation rather than litigation it is a good thing. Self-regulation within the media is a step in the right direction.” AFRICAN MEDIA BAROMETER SWAZILAND 2011 57