Media bodies commend PF on FOI bill
By Fridah Nkonde and Chiwoyu Sinyangwe
Mon 18 June 2012, 13:22 CAT
THE Patriotic Front government has gone above political rhetoric by bringing the Freedom of Information (FoI) which will ultimately become law in Zambia, says Anthony Mulowa. And Press Freedom Committee of The Post (PFC) has welcomed the proposed legislation of the FoI, urging "ordinary citizens" to lead in the formulation process.
On Friday, information permanent secretary Amos Malupenga announced that a taskforce working on a Bill had completed drafting the document and was expected to launch it next week for public scrutiny and comments.
According to Malupenga, the taskforce comprising civil society, legal experts, Transparency International - Zambia, Media Institute of Southern Africa (MISA) and other stakeholders had been working on the FoI for the past few months.
Welcoming the development, Mulowa, the Zambia Union of Journalists president, said the PF government had shown strong political will to bring about the FoI.
Mulowa said it was pleasing that the PF government had fulfilled its promise of ensuring that media reforms were brought to fruition.
"All media bodies were concerned with the FOI bill left by the MMD government which had certain flaws," Mulowa said.
"We are impressed that government has engaged stakeholders to review the bill and we are confident that the promise is being fulfilled by the PF government."
Mulowa said it was good that government would subject the bill to public for scrutiny and comment.
"This is what democracy entails because a lot of people will be able to comment," Mulowa said.
"Even people in the village can comment on this issue. It is important to appreciate the fact that it will be a people-driven law. It is quite remarkable and impressive in the history of Zambia. The government has to be commended."
Mulowa said having the FoI draft was a stepping stone in ensuring that people access vital information.
He said access to information would help people make informed decisions.
Mulowa said the onus was upon the members of parliament and the public to comment and offer criticism on the FOI bill draft.
PFC chairperson Leah Kabamba said ordinary citizens should take lead in shaping the FoI bill as it was a law that would benefit ordinary citizens.
She said the PFC would continue to sensitise ordinary people about the proposed bill.
"We have been going to chiefdoms to sensitise people about this bill because at the end of day, this bill will benefit the ordinary people and not just journalists," said Kabamba. "We will continue to encourage people to make submissions because when this becomes law, it will enable them to seek answers for the development they are not seeing."
And PAZA president Andrew Sakala said having the FoI draft bill ready was a good development for the media and society in general.
Sakala urged journalists and the public to take keen interest by making contributions to the long-awaited bill.
He said everyone was looking forward to the bill because it was beneficial to the public and media practitioners.
"Society has to be taken into consideration before the final bill is taken to Parliament. We are encouraged by the steps taken by government and the same should be done for other legislations," said Sakala.
Labels: ANTHONY MULOWA, FOI, FREEDOM OF INFORMATION BILL, PFC
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MMD was misled by public media- Lubinda
TIME PUBLISHED - Sunday, October 2, 2011, 10:28 am
The Patriotic Front government has stated that it will not allow the public media to mislead the party. PF spokesperson Given Lubinda says that the public media managed to mislead the people that the MMD government was popular, when in fact was not.
He says that the PF government will ensure that every person is covered, irrespective of the political affiliation. He says that the party does not want to operate the way the MMD operated the public media, where it was decieved that it was very popular.
Mr. Lubinda added that the voiceless in the country should also be given the opportunity to air out their views.
Mr. Lubinda has stated that the PF government will ensure that professionalism and sanity is brought in the media.
And two Media bodies have commended newly-appointed Information, Broadcasting and Tourism Minister Given Lubinda’s pledge to prioritise the enactment of the Freedom of Information (FoI) Bill, saying it has been long overdue and it will enable journalists perform professionally.
Zambia Union of Journalists (ZUJ) president Anthony Mulowa said in an interview yesterday that his organisation welcomed the assurance by the new minister to enact the FOI Bill into law.
Mr Mulowa said once enacted into law, FOI Bill would not only enable journalists work efficiently but that it would also positively contribute to the country’s governance process.
“As ZUJ, we welcome the assurance by Mr Lubinda that the Government would enact the FOI Bill into law. This is a highly commendable move.
Our appeal is that its enactment should be expedited as it is one Bill that will enhance the country’s governance process by promoting transparency and accountability in the management of resources and thus contribute to national development.
“Journalists must embrace this opportunity and ensure that they perform to the expectation of the public,” he said.
He said it was therefore imperative that media personnel in public media should take advantage of the good will by the PF Government to exercise their talent to the fullest so that the public was well informed.
He noted also that there was need to improve the conditions of service for journalists from the public media to be motivated.
Press Association of Zambia (PAZA) president Andrew Sakala in welcoming Mr Lubinda’s sentiments said the move had been the media’s outcry for a long time.
“The enactment of the FOI Bill has been long overdue. Therefore, as PAZA, we welcome all measures aimed at promoting press freedom,” he
said.
Mr Sakala also appealed to Mr Lubinda to ensure that the Independent Broadcasting Act (IBA) and the ZNBC Act were operational as well by taking them back to Parliament for amendment and that that should be done through a publicprocess.
He added that as the new Government revisits the Constitution making process, the Minister should consider and support the media recommendations in the Mung’omba draft Constitution.
[QFM/Times of Zambia]
Labels: ANTHONY MULOWA, FREEDOM OF INFORMATION BILL, GIVEN LUBINDA, MEDIA, MMD, PF
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Editorial independence
By The Post
Sat 16 July 2011, 14:01 CAT
“The laws governing the system currently do not give independence to the public media and it is only when laws are aligned in a manner that will give independence to these media institutions, that is when we shall have the right thing.”
This is a quote from Anthony Mulowa, the president of the Zambia Union of Journalists, when he was attempting to explain what is going on at the state-owned and government-controlled media institutions in Zambia.
Anthony further added: “As long as the appointing authority for media heads is the powers-that-be, there is nothing which is going to happen; you can resist and be fired then tomorrow the other person who is going to come up, what is he going to do?
So long as we allow a situation where the appointments in the public media are done by the government, it is not going to work. The laws are correct but we need to move a step further and find an independent board which will be running the appointments of these media heads so that they can be professionally and independently employed. That way the public will hold these institutions accountable.”
Arising from what Anthony is saying, it is clear to us that as journalists, we should never cease to celebrate the principles of democracy. Indeed without those principles, journalism would simply not exist.
You can be a scribbler or a writer or a hack. But without an adherence to democracy and human rights, you cannot be a journalist. Writers who do not accept the principles of democracy and human rights are not deserving of the name journalists but rather are paid hacks or propagandists.
Of course, it remains true that governments are a significant threat to freedom of speech and human rights in general. But it is not governments alone that pose that threat.
That threat is posed by coalitions of power which include governments, political parties, religious groups, large corporations and so on and so forth – indeed any organisation that has something to lose. Any group with something to lose will sooner or later come into conflict with the democratic role of the media.
We believe it is impossible to grasp the role of journalists and the challenges they face without starting from this position.
It is very important to recognise the fact that the production process of news in all media does not lend itself to rigid control. Whether it be in radio, television or print, the time in which material can be prepared and broadcast and published is a fairly narrow window.
This places great reliance on the journalists or broadcasters to utilise their professional judgement.
It should also be recognised that the creation of media content is a highly skilled job and cannot be done under rigid supervision.
For this reason, journalists need an autonomous space under which to operate. And in all this, we shouldn’t lose sight of the fact that the job of working in the media tends to attract people who take on the job because it is something they want to do and because they believe in the principles that underpin the job.
The need for an autonomous space has led journalists to come up with codes of ethics as a way of imposing the principles of their craft. These involve an assertion of journalistic principles and an acknowledgement of the primacy of the judgement of one’s peers.
A journalist, as a matter of principle and conduct, is expected to have respect for truth and the right of the public to truth as his first duty. A journalist is also expected to report only in accordance with facts of which he or she knows the origin.
A journalist is also expected not to suppress essential information or falsify documents. And a journalist and the institution he works for can earn the public trust through accuracy, honesty, promise-keeping and independence. This is so, and in accordance with the journalist’s commitment to democracy, because people can govern themselves and guarantee their liberties only if they are accurately informed.
Therefore, in order to strengthen democracy in our country and ensure informed public dialogue about issues of public importance, journalists should accept the sacred duty to serve the people by providing information and by guaranteeing a public forum in which issues of common concern can be addressed.
Journalists worthy of that name shall deem it their duty to observe faithfully these principles and recognise in professional matters the jurisdiction of their colleagues only, to the exclusion of every kind of interference by government or others. We say this because respect for truth and the public’s right to information are overriding principles for all journalists.
That is, in making professional decisions, journalists should rely on their own collective judgement, not that of their employers or of government. In committing themselves to these principles, journalists are collectively asserting their rights to that autonomous space within the media.
They are asserting that they have a loyalty to something greater than the newspaper or broadcaster they happen to be working for from time to time. They have a loyalty to fundamental principles and that loyalty commands a primacy over the demands of their employers or government.
There is need for all our people to realise that the media is a unique undertaking or business which imposes on it responsibilities to the community.
And the chief responsibility of the media is to provide news that is as accurate, fair and complete as possible and comment that reflects the diversity of opinions within the community.
We can only properly claim the prestige and influence a newspaper or broadcaster may command if we fulfil the responsibilities it entails. Even commercial success depends on a reputation for meeting the responsibilities and being seen to meet them.
We agree with Anthony that there is need to change the way things are done, the way the top management of the state-owned media are appointed. It is true that the current system politicises the jobs and inhibits journalistic independence.
But there shouldn’t be a temptation for intervention in managerial processes which do not result in any meaningful structural changes. We shouldn’t allow this to become battles over individuals, over who should be editor, rather than over structural changes.
In 1991, the Press Association of Zambia succeeded in removing the top editors and managers of the Times of Zambia, Zambia Daily Mail and the Zambia National Broadcasting Corporation. Individuals were removed but no structural changes were made. And where are we today? Back to square one.
We therefore urge Anthony and his colleagues in the Zambia Union of Journalists to speak and advance the issues of editorial independence in the institutions where their members work. Without that, there will be no journalistic independence and integrity in these institutions.
Of course, they are a trade union and are expected to deal with the matters of bread and butter, but they should not ignore the professional matters affecting the primary work of their members.
We say this because it is not possible for them to have one without the other. Unless they fight for professional issues – to create spaces for diversity, professionalism and freedom of speech – the work they do loses all its value. We say this because in the struggle for editorial independence within media organisations, these two issues come together.
And it is in this struggle that they should use the principle of trade union action to advance the professional interests of their members. This requires continuous vigilance and struggle. And as long as they are prepared to contest this terrain, they are likely to succeed.
Of course, we cannot ignore the subjective factors in all this – the critical issue is the strength of mind of the editor. All these things depend, to a large extent, on the strength of mind of the editors.
Some editors are strong and respect the traditions of their profession. Others are weak and see their job as a stepping stone to all sorts of social climbing. It is incumbent upon journalists to do all they can to keep editors up to the mark.
To someone who is not a journalist, many of our comments will seem to be self-servicing arrogance, giving the impression that we know better than our masters, our elected representatives, our ministers and our president about what is right or wrong. To that we respond, well, we do.
We are the only stakeholders or players in the media who have no interests other than the professional tenets of our craft. We don’t have a particular stake in anything. So it may be professional arrogance, but we do believe that our interests in editorial autonomy and independence are also the nation’s interests.
And it is this self-supervision or regulation, this independence, more than any external supervision or regulation, that is the best guarantee that a free and independent media in our country will ultimately reflect our people’s interests.
Labels: ANTHONY MULOWA, JOURNALISM, THE POST
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Post journalist testifies in MMD cadre’s case
Written by Maluba Jere
Friday, September 18, 2009 5:24:30 PM
POST journalist Chibaula Silwamba yesterday testified in the Lusaka magistrates' court in a matter where MMD Lusaka youth chairman Chris Chalwe is alleged to have assaulted him together with Times of Zambia senior reporter Anthony Mulowa.
When the matter came up before magistrate David Simusamba, state prosecutor Pepulani Mbewe told the court that although two private prosecutors had written to the Director of Public Prosecutions (DPP) asking to be joined to the proceedings, the response was still not known. However, Mbewe said the state would proceed with trial.
Chalwe, 42, is facing two counts of assault occasioning actual bodily harm contrary to Section 248 of the Penal Code Chapter 87 of the Laws of Zambia.
In count one, Chalwe is alleged to have assaulted Silwamba.
Particulars of the offence are that Chalwe on July 29, 2009 in Lusaka assaulted Silwamba, thereby occasioning him actual bodily harm.
In count two, Chalwe is accused of having assaulted Mulowa.
Facts before court are that Chalwe on July 29 in Lusaka District did assault Mulowa, thereby occasioning him bodily harm. Chalwe pleaded not guilty to both counts.
When the matter came up for commencement of trial, Silwamba, the first witness, told the court that on July 29 this year he was assigned to cover President Rupiah Banda's arrival at the airport on his return from Uganda where he had gone to attend the Smart Partnership Dialogue.
He told the court that while awaiting the President's arrival, he was beckoned by Chalwe who was with other MMD officials and asked him if he was from The Post.
Silwamba narrated that Chalwe told him that he knew that he [Silwamba] was from The Post and when he responded in the affirmative, Chalwe charged at him and grabbed him with his right hand and started dragging him.
"At that point, he told his colleagues to help him drag me out of the airport because they did not want journalists from The Post to cover President Banda's arrival," he said. "His colleagues did not touch me but followed behind as I was being dragged. After dragging me for about five metres, I pleaded with him saying ‘since ‘you don't want me to cover the President, I'll leave this place but please allow me’, since I didn't know where he was taking me, ‘to use the gate we usually use when we are at the airport to cover presidential assignments'."
Silwamba explained that at that point, Chalwe raised his voice and slapped him heavily on his left cheek.
He said the slap was extremely painful.
He said after being slapped, he called out for help to Lusaka Province commanding officer Greenwell Ng'uni who he said was within the airport but that Ng'uni did not respond and instead looked the other direction.
"Immediately, Chalwe slapped me again on the right cheek and it was very painful. From the look of things, the police officers were not coming forward to rescue me and Chalwe continued dragging me," Silwamba said. "...As he was dragging me, his colleagues were coming and two plain-clothes policemen came and pleaded with Mr Chalwe saying since I had accepted to leave the premises, they told Mr Chalwe saying ‘boss please allow him to walk on his own and where you are taking him, there are so many people and it will be very embarrassing for him'."
Silwamba testified that when the police officers advised Chalwe to leave him alone, he told them that he was above the police and continued dragging him.
He said after reaching the main lounge past the security checkpoint, Chalwe let go of Silwamba but warned him sternly saying "you should not come here again and tell [Post photojournalist] Collins [Phiri] also. If we see you here again, if I see you coming back, I will command my boys to beat you, we will kill you."
Silwamba told the court that he was traumatised after the incident with Chalwe and that he was then advised by the police to go to the police post within the airport.
He testified that a group of police officers, after learning that he was from The Post, advised him to leave saying the situation was volatile and that they could not assure him of security.
Silwamba told the court that he later went and reported the matter to Lusaka Central Police where he was issued with a medical report.
Silwamba said after the medical report was issued, he went to Kamwala clinic where he was examined and given some medication but that he was asked to return the following day to have the report stamped.
Another witness, Mulowa narrated how a group of MMD members approached him and other journalists at the airport and demanded for their press passes.
He told the court that he refused to show the cadres his press pass because he was not obliged to do that especially that he had already been screened when entering the airport.
Mulowa said he declined to produce his press pass when asked to do so by Chalwe because he was not a competent authority to ask for it.
He told the court that when he refused, he was punched on the left side of his abdomen by Chalwe.
"I was in a state of shock and pain and I immediately pulled out my press pass and gave it to him. I was shocked... I obliged to his demands and also to save my life," Mulowa said.
He explained that he produced a press pass issued in his name by the National Assembly and that after looking at it, Chalwe asked him why he refused to produce it earlier.
Mulowa told the court that when President Banda arrived at the airport, he indicated to him that he was beaten.
He told the court that later that day, he went and reported the matter to the officer-in-charge at Lusaka Central Police who authorised police officers to give him a medical report and go to any government clinic or hospital.
Mulowa added that by the time the report was issued, most clinics were closed and he went to University Teaching Hospital (UTH) where he was examined and given some pain killers.
The matter continues.
Labels: ANTHONY MULOWA, CADRES, CHIBAULA SILWAMBA, CHRIS CHALWE, COURTS, PEPULANI MBEWE, THE POST
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