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Page 1: PICTORIAL FOCUS - UNESCO...Bata Shoe Company in Lilongwe, Along Kamuzu Procession Road, Old Town, Next to National Bank of Malawi Lilongwe Branch, Opposite Lilongwe Main Post Office
Page 2: PICTORIAL FOCUS - UNESCO...Bata Shoe Company in Lilongwe, Along Kamuzu Procession Road, Old Town, Next to National Bank of Malawi Lilongwe Branch, Opposite Lilongwe Main Post Office

PICTORIAL FOCUS

MCM Executive Director Mr B. Chiyamwaka

Mr B. Chiyamwaka making a presentation during the consultative workshop

NGC Chairperson Rev. P. Semphere

Interim Chairperson of MCM Ethics, Complaintsand Disciplinary Committee Mr A. Osman

Page 3: PICTORIAL FOCUS - UNESCO...Bata Shoe Company in Lilongwe, Along Kamuzu Procession Road, Old Town, Next to National Bank of Malawi Lilongwe Branch, Opposite Lilongwe Main Post Office

1st MCM Annual Report July 2007 - July 2008 32 1st MCM Annual Report July 2007 - July 2008

A cross-section of journalists at a Press Conference organized by MCM

Participants to Development Communication Conference at Annie’s Lodge in Zombaon break time

Table of Contents

Acronyms ............................................................................................................................................4

Programme Key Data..........................................................................................................................5

Executive Summary ............................................................................................................................6

Grant from Casals and Associates ......................................................................................................8

Progress Against Plan of Action ......................................................................................................10

Developing Financial Management ..................................................................................................12

Development of Technological Capacity.........................................................................................13

Developing Administration and Personnel Policies ......................................................................14

Developing External Linkages ........................................................................................................15

Developing Collaborative Framework..............................................................................................16

Effective Programme Delivery .........................................................................................................18

Developing Effective and user friendly Accreditation Framework................................................19

Devise Publicity,Education and Marketing Framework.................................................................19

Establish a Mediation and Arbitration Mechanism ........................................................................20

Develop a Research, Monitoring Evaluation .................................................................................22

Finance and Administration Committee ..........................................................................................23

Challenges ........................................................................................................................................23

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ACRONYMS

APCS: Accreditation Press Card Scheme

ARV: Antiretroviral

BHC: British High Commission

C&A: Casals & Associates

CONGOMA: Council for Nongovernmental Organisations in Malawi

DPP: Democratic Progressive Party

DFID: Department for International Development

ECDC: Ethics, Complaints and Disciplinary Committee

EOI: Expression of Interest

FAC: Finance and Audit Committee

IMF: International Monetary Fund

JUMA: Journalist Union of Malawi

MBS: Malawi Bureau of Standards

MCCI: Malawi Chamber of Commerce and Industry

CISOPO: Malawi Civil Society Platform on Social Policies

MEC: Malawi Law Commission, Malawi Electoral Commission

MLS: Malawi Law Society

MCM: Media Council of Malawi

NAMISA: National Media Institute of Southern Africa

MAC: Membership and Accreditation Committee

MLS: Mlambe Consulting Firm

NGC: National Governing Council

PAC: Public Affairs Committee

TEVETA: Technical Education and Vocational Training Authority

MGDS: The Malawi Growth and Development Strategy

NAMISA: The National Media Institute of Southern Africa

UDF: United Democratic Front

USAID: United States Agency for International Development

WAPC: World Association of Press Councils

PROGRAMME KEY DATA

Organisation: Media Council of Malawi (MCM)

Programme Name: Strengthening Media Council of Malawi Project

Project Location: Lilongwe, Central Region, Malawi

Target /institutions /sectors/Population: Media institutions, government; civil society, general public

Projects involved/major project activities: Institutional Capacity Development; Media Ethicsand Public Complaints; Accreditation Press CardScheme (APCS); External Linkages ResourceMobilisation

Programme Start Date: July 2007

Programme End Date: January 2010

Total Budget: MK 126,834,174.00

Current FY Budget: MK 42 278 058.00

Expenditure to Date Current FY:

1st MCM Annual Report July 2007 - July 2008 54 1st MCM Annual Report July 2007 - July 2008

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Cross-section of participants to the Conference on Development Communication

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Executive Summary

The process of resuscitating Media Council got started with a meeting on 30th September 2005 at Le MeridienKuchawe Inn on Zomba Mountain convened by the Malawi Chapter of the Media Institute for Southern Africa(MISA). The primary objective of the meeting was to revive the Media Council. A number of stakeholderswere involved in the resuscitation process. Most of the participants to at this meeting were media owners, pro-prietors of media institutions including journalism teaching institutions, renowned practitioners and other keypeople in the society who were members of MCM before. The meeting formed as Task Force which was man-dated to oversee the resuscitation of the Council as a voluntary regulatory institution of the operations of themedia in Malawi. In July 2006 the Task Force appointed S.K. Sentala and Ian Malera as consultants to facil-itate the resuscitation process of Media Council.

A second stakeholder’s conference was held from February 15th to 18th 2007 to deliberate on the consultant’sreport and MCM constitution .The conference also elected the National Governing Council (NGC) on 17th

February 2007.With the election of the NGC an Executive Director was hired on 1st July 2007 to set up asecretariat and provide leadership in the running of day-to- day affairs of the secretariat with support fromUSAID through Casals and Associates Inc (C&A) under the Strengthening of Malawi Government IntegrityProject.

This Annual Report therefore highlights activities carried out from July 2007, through to January 2008, dur-ing which period MCM got an in-kind grant from USAID’s Millennium Challenge Corporation Initiativethrough C&A.

The first task that followed the appointment of an Executive Director who set up the Council’s Secretariat anddevelopment of the Council’s Strategic Plan. Mlambe Consulting Firm of Blantyre, Malawi was engaged tofacilitate the strategic planning process in order to precisely define and legitimize its business and come upwith a framework that would guide the organisation for the first three years of its existence.

MCM adopted its strategic and operation plan and submitted it to the British High Commission (BHC) whohad all along shown interest in supporting the Council. The submission of the Strategic plan to BHC was fol-

lowed by a proposal being submitted to the Commission. Eventually, on 28th February 2008, MCM signed agrant agreement of MK 42, 278, 058.00 MCM signed a grant agreement with BHC under StrengtheningMedia Council of Malawi’s Project for one year. The project focuses on the following broad objectives:• Developing the institutional capacity development (strengthening internal operations) which includes

developing:• The human resource capacity for the secretariat and NGC in terms of skills acquisition and develop-

ment.• Physical resource capacity for the secretariat in terms of acquisition of appropriate equipment and

maintenance.• Income generation capacity for the MCM to move towards achieving financial sustainability.• Technological capacity of MCM to enable it deliver its services efficiently and effectively.• Administration and personnel policies to guide the secretariat in the way it conducts its day to day

activities.• Policies and guidelines for procurement and equipment records.

2.1.2 External linkages by:• Getting affiliation of national, regional & international bodies with similar interests or whose works

relate to the interests of MCM. • Developing a collaboration framework with key national, regional and international institutions to

facilitate effective delivery of services.

• Establishing a unique identity for MCM that sets it apart from the rest in terms of its niche, public per-ceptions among others

2.1.3 Deliver programmes effectively by:• Developing Human resource capacity for three constitutional committees and other support structures

required for MCM to discharge its duties effectively• Developing an effective and user friendly accreditation framework for media practitioners and jour-

nalism training institutions• Devising a publicity, education & marketing framework to enhance awareness of the public, media

practitioners and institutions on MCM’s role, rights and responsibilities. • Establishing a mediation and arbitration mechanism that promotes fairness in all cases involving the

public and the media profession• Establishing an effective membership structure that promotes ownership and sustainability of MCM. • Developing an advocacy and lobbying strategy that would facilitate the realisation of MCM objec-

tives by championing and/or joining hands with other institutions. • Developing a research, monitoring, evaluation and publications structure that would enhance the

development of the profession.

2.1.3 Identify and implement cross-cutting strategies by:• Devising a monitoring and evaluation framework of the strategic plan• Devising a framework that would enhance MCM’s ability to be a learning organisation MCM has

been operating for one year now. This annual report highlights the progress that has been made againstthe implementation plan. It focuses on the achievements made and/or outcomes from the many activ-ities that have been carried out. The report further reflects on challenges and concludes by a cast offuture plans accomplished since the resuscitation of Council in 2007.

1st MCM Annual Report July 2007 - July 2008 76 1st MCM Annual Report July 2007 - July 2008

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Members of Ethics Complaints and Disciplinary Committee and National GoverningCouncil at a Press Conference in Lilongwe

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Grant from Casals & Associates

MCM received an in-kind grant from C&A 26th July 2007 amounting to MK 5,693. 333. The project documentwith the accompanying budget is attached as Annex B. This grant was provided to support the setting up ofMCM’s secretariat by meeting its administrative costs and operational costs for six months and to provide fundsfor procurement of start-up assets. Since this was an in-kind grant, C&A was paying all the costs included in thebudget directly to the staff members and service providers. No cash was being transferred to the secretariat. C&Awas responsible for paying salaries for four members of the secretariat’s staff, office and computer equipment,internal travel and transportation costs to support the day-to-day operations of the secretariat, running costs forthe secretariat including recruitment costs, communication, for a period of six months. C&A was also providingsupport for the secretariat to hire venue for National Governing Council and committee meetings during the sameperiod of time.

Through the engagement of other donors in the Media Coordination Group, C&A co-ordinated the transfer ofMK 1,000,000.00 (US$ 6,667) to the Media Council of Malawi from an earlier grant made to the EditorsForum by the US Government. This financial assistance was used for operational costs during the setting upof the secretariat. C&A also engaged other donors and the British High Commission had since committeditself to helping the Media Council of Malawi implement its 3-year strategic plan. Other donors also expressedinterest in the strategic plan and promised to see where they could come in. This was going to ensure that sus-tained donor funding towards the Media Council of Malawi was available after C&A had stopped providingits technical and financial assistance. The C&A Project had a life span of six months, thus, from July 2007 toFebruary 2008.

3.1 Accomplishments under the Casals GrantFrom July up to December 2007, MCM with in-kind grant from C&A achieved the following:

3.1.1 Institutional Development

3.1.1.1 Setting up of MCM Secretariat • Identification of office space. The National Governing Council identified and leased the top floor of

Bata Shoe Company in Lilongwe, Along Kamuzu Procession Road, Old Town, Next to National Bankof Malawi Lilongwe Branch, Opposite Lilongwe Main Post Office. The Council’s secretariat is nowin place and this is critical to the strengthening of the media industry in Malawi. The setting up of thesecretariat involved the following activities and achievements:• Partitioning of the office to create a board room so that NGC, committees and other meetings

are conducted at MCM Secretariat to reduce costs.

3.1.1.1.2 Strategic Plan Development• With the election of the National Governing Council (NGC) on 17th February 2007, Mlambe

Consulting Firm from Blantyre, was engaged to facilitate the strategic planning process inorder to come up with a framework that would guide the organisation for the first three yearsof its existence.

• Being a newly reconstituted entity MCM recognised the needs of an emerging institution andthe essence of a membership organisation that is driven by the legitimacy from the membership.The strategic plan formulation was therefore a highly consultative process with all members andstakeholders of MCM participating in developing the plan. The strategic plan process wentthrough three stages; an institutional analysis of MCM (internal and external environmentalscanning); strategic planning workshop where stakeholders provided in put for the formulationof the strategic plan; and the development of a three year implementation plan. Details are avail-able in the MCM Strategic Plan (2007-2010) document.

• The MCM adopted the strategic and operational plan with a vision of a vibrant media that isprofessional and accountable to the public to be achieved over the next ten years. The MissionStatement is to be a self-regulatory body for the media aimed at promoting professionalismby setting standards in the interest of the public in Malawi with values of an independentCouncil that upholds values of accountability, integrity and excellence.

• The MCM strategy also included a detailed SWOT analysis in which the winning back ofdonor confidence was identified as key strength among others, and the goodwill shown bydonors as a key opportunity. Financial assistance by C&A through the USAID/MCC projectwas evidence of this confidence, as was the interest shown by the British High Commission(BHC) which culminated in a proposal being submitted to the same. At the same time, lowfunding was recognized as a threat.

3.1.1.1.4 Appointment of Members of Board of Trustees and members of ConstitutionalCommittees.

a) Capacity Building• Study Tour of Media Council of Tanzania

Two Representatives of the NGC (Mr. Alfred Ntonga and Mr. Al Osman), one representative of theMembership and Accreditation Committee (Mrs. Edith Tsirizani), one representative of the Financeand Audit Committee (Ms Jennifer M’modzi) and one member of staff, the Executive Director (Mr.Baldwin Chiyamwaka), conducted a one-week study tour of Media Council of Tanzania fromSunday 10th October to Sunday 21st October 2007 to learn from our Tanzanian counterparts how toeffectively and successfully run a sustainable organisation through observation of best practicesand sharing of knowledge and information. A detailed report on this tour is provided in Annex 1.

• Training and Induction of Members of Constitutional CommitteesTraining and induction of members of the three constitutional committees was done from 20th to23rd December 2007. All the three committees went through a general orientation covering the fol-lowing topics: Brief background to Media Council of Malawi (Resuscitation of MCM, Setting-upof Secretariat, objectives/mandates/functions of MCM), Constitutional Functions of committeesMCM’s Strategic Plan.

Besides the general orientation, the NGC and the Ethics, Complaints and Disciplinary Committeealso went through a special training in mediation and arbitration of cases between the public andthe media. A legal expert, Chairperson of Ethics Committee of Media Council of Tanzania who isalso former Supreme Court Judge and Attorney General of Tanzania, Judge Mark Bomani, facili-tated the Training Workshop.

It was planned that Finance and Audit Committee should also be trained in resource mobilisationby an expert from Tanzania, Mr. Rakesh Rajani, a board member of Media Council of Tanzania.However, the training did not take place because Mr. Rajani’s diary was booked until the follow-ing year, thus January 2008 when the C&A Project was going to be in the close out period andtherefore difficult to hold any more trainings.

1st MCM Annual Report July 2007 - July 2008 98 1st MCM Annual Report July 2007 - July 2008

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Progress Against Plan of Action

4.1 Strengthening Internal Operations of MCM4.1.1 Developing the Human Resource Capacity for the Secretariat and NGC in Skills

Acquisition and DevelopmentFollowing the recruitment of the Executive Director in July 2007, four more additional members ofstaff were hired between October 2007 and March 2007. The members of staff which were recruitedwere Finance Officer (Mrs. Sokalawo Chawinga), Administrative Assistant (Mrs. Nancy Kathewera)and Office Assistant (Mr. Soldier Chagunda). The recruitment of staff was accomplished in Marchwith the hiring of a Programmes Officer, Mr. Eric Mcheka, who reported for duties on 15th March2008.

Developing the human resource capacity for the secretariat and National Governing Council in termsof skills acquisition and development was the first specific objective set to achieve the first goal (firstbroad strategic objective) of strengthening the internal operations of MCM. The process of identify-ing training needs for the National Governing Council (NGC), MCM Constitutional Committee mem-bers and members of staff commenced in October 2007 and was completed in April, 2008. This taskprogressed as committees were being set and each member of staff was being brought on board in thesecretariat. This was followed by the development of a training programme for the NGC, and consti-tutional committees.

An in-house staff training was conducted from 15th to 18th April 2008 at Bethany (St. Theresa)/MsambaCatholic Centre in Lilongwe. The purpose of the training was to orient members of staff in report writing(monthly management reports, minutes, updates etc), MCM Performance Review System and Appraisalsand concept paper development and proposal writing.

During the training session, a review of MCM plan of action was done since it had been affected bylate disbursement of funds from British High Commission (BHC). In the process of this planningreview, a draft Sustainability Plan and Resource Mobilization Strategy was mapped out as a startingpoint. This plan helped the Council identify gaps in funding levels particularly activities that were notbeing funded. The process culminated into the drawing up of a distribution sheet of funding whichshows which had been funded by USAID/Casals and Associates, those that were being funded byBHC and those that are not funded by anybody else.

4.1.1.2 Development of physical resource capacity for the secretariat in terms of acqui-sition of appropriate equipment and maintenance

The NGC conducted the first resource audits to determine what equipment and assets the secretariatwould need between March and June 2008. The secretariat was engaged in procurement of requiredphysical resources with support from Casals and Associates in August 2007. The start-up assets pro-cured during this period were:• Furniture, • Computers,• Printers, • Binding machine etc), and office stationary. An inventory of these assets is attached.

In May 2008 with financial support from BHC, MCM secretariat procured more equipment andassets. The Council purchased the following items which had been identified and budgeted for:• Motor Vehicle • Additional laptop • Refrigerator

• Photocopier • Scanner • Filing Cabinets (x 4) • Office carpets • Switch board (PABX System) • Board room table & Chairs • Reception Desk • Bookshelf (x 2) • Coffee table • UPS (x 2)

4.1.1.1.3 Procurement of Office Equipment and Furniture Quotations for the above listed items were collected and MCM Internal Procurement committee (IPC)assessed them. The IPC went ahead to select the most appropriate quotations and authorized purchas-es from the selected suppliers. All budgeted assets have since been procured except for the filing cab-inets because these were donated by Casals and Associates just before the purchases were made.Some items had high prices more than what was budgeted due to price increases from the time thebudget was being prepared. For a detailed Procurement Report Refer to Annex 2.

4.1.1.4 Setting Maintenance Guidelines and Schedule for Equipment The maintenance guidelines and schedule for equipment were finalized in June 2008 and are current-ly in use. The guidelines fall under Administrative Procedures. A detailed Maintenance Schedule forOffice Equipment is shown in Annex 3.

4.1.1.1.5 Establish Policies and Guidelines for Procurement and Equipment recordsOn 21st March 2008 the Finance Officer, Administrative Assistant and the Programmes Officer under-went a days’ training on procurement by Mr. Tsokonombwe of formerly Casals and Associates (C&A).This exercise was aimed at strengthening the internal capacity of MCM. Although the exercise was notcomprehensive, as one would have wished, it went a long way in helping prepare the organisation tocome up with its own procurement procedures.

The secretariat also made effort to collect relevant documentation from the Office of the Directorateof Public Procurement (ODPP) to enhance internal skills and knowledge in procurement. An IPC wasappointed consisting of three members of staff (Mr. Eric Mcheka – Programme Officer, Mrs.Sokalawo Chawinga - Finance Officer and Miss Jacqueline Chipembere – Administrative Assistant)and two members of the Finance and Audit Committee who are based in Lilongwe (Ms J. M’modziand Ms T. Jumbe).

4.1.1.1.6 Procurement ProceduresAt its Third Meeting, the Finance and Audit Committee (FAC) advised secretariat to come up withprocurement procedures that will guide the Council in procurement matters. However, developmentof procurement procedures would require a procurement specialist.

4.1.1.1.7 Procurement CommitteeThe Finance and Audit Committee noted that Council has an IPC, which they observed is goodprogress but they recommended that some of the members of that committee like Ms T. Jumbe andMs J. M’modzi should not be members of that committee because they are not employees of theCouncil and that since they are members of the FAC, they are at a supervisory level.

The Finance and Audit committee therefore recommended the following to be in the InternalProcurement Committee of MCM: Mr. Eric Mcheka, the Programmes Officer, Mrs. SokalawoChawinga, the Finance Officer. Each time the IPC is meeting, minutes of that meeting should be takenand it is up to the Committee to decide who chairs the meeting.

1st MCM Annual Report July 2007 - July 2008 1110 1st MCM Annual Report July 2007 - July 2008

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4.1.1.1.8 Approval LimitThe Committee also recommended that approval limit for the Executive Director on cash requests andprocurement should be MK300, 000. This means that the secretariat should seek approval of theCommittee for any purchases worthy above MK 300,000.00 (Three hundred thousand Kwacha). AndChairperson for Finance and Audit Committee shall give the approval after notifying at least twomembers of the committee. The request for approval should always be in writing, addressed to chair-person, Finance and Audit Committee. The Committee also recommended that the secretariat shouldseek approval of the Chairperson of the National Governing Council (NGC) if they would like to pro-cure an item worthy MK500, 000.00 or above (five hundred thousand kwacha).

Development of Financial Management andIncome Generation Capacity for the MCM toMove Towards Achieving Financial Sustainability

5.1. Developing a Proper AccountingThe first broad activity to achieve this strategic objective was to develop a proper accounting system.Firstly this involved procurement and installation of an appropriate accounting package on theFinance Officer’s computer .Therefore, Sage Pastel Accounting Software was selected as the mostappropriate for MCM and was procured from IT Centre and installed on the Finance Officer’sComputer in May 2008. The Finance Officer was trained in the use of the accounting software pack-age August 2008 by an IT specialist from the suppliers (IT Centre).

Secondly, it involved the designing of appropriate and user-friendly book keeping documents andinternal control tools. These were designed and printed from March to May 2008. The documentsinclude local purchasing orders, cheque payment books, cash receipt books, various cash and chequerequest forms, payment vouchers. All these are being used to ensure proper accounting and manage-ment of funds. Annex 4 shows Copies of the Accounting Documents and Internal Control Tools thatwere developed and being used in the secretariat.

5.1.2 Development of a Resource Mobilisation and Sustainability StrategyDuring the strategic plan development, MCM identified Political/Corporate manipulation and sustain-ability of funding as critical make or break factors for the organisation. In developing the strategy,MCM also went through a process of scenario planning and political/corporate manipulation sustain-ability of funding were identified as critical make or break factors for the organisation. While politi-cal and corporate manipulation have to be dealt with on a continuous basis, the proposal to BHCserved to address the other critical make or break factor of sustainability of funding. As a newly-fledgling organization which is not primarily focused on income generation, the success of MCM cur-rently depends on sustainability of funding.

(a) Financial Sustainability AssessmentThrough various on-going meetings such as staff meetings at the secretariat, Finance and AuditCommittee meetings, meetings with various stakeholders and other meetings, informal financial sus-tainability assessments have been made. Key to MCM’s sustainability is the ownership and commit-ment of its institutional members and their financial contributions. The sustainability of donor supportwill remain critical for some time. However, MCM’s initiative and efforts to use various other meansof resource mobilization is vital for its financial sustainability.

(b) Potential Sources of Sustainable Income for MCMA Resource Mobilization strategy for both short and long terms has been drafted. The strategy stipu-lates the following as some of the methods of generating income.(i) Short term methods• Dinners• Concerts• Drama performances• Football matches• Project proposals

(ii) Long term methods• Establishment of a communications centre• Property investment such as Building of office premises• Buying of shares (to be explored)• Membership fees• Establishing medium to long term funding agreements with donors – including basket fund-

ing model.

Some of the short – term methods of resource mobilization (income generating activities) are part of theStrengthening of Media Council of Malawi Project which is being funded by BHC. The long term strategywas submitted to Finance and Audit Committee and was discussed and further submitted to NGC for approval.A detailed Draft Resource Mobilization Plan is shown in Annex 5.

Development of Technological Capacity of MCM toenable it deliver its services efficiently and effectively

6.1 Internet Installation: Access to Reliable Internet Services and Orient StaffSkyband was identified as MCM’s Internet service provider (ISP), a contract was signed and theInternet facility was installed at the Secretariat. The once off installation and configuration cost ofUS$ 600.00 was paid by C&A while the 64kbps monthly charges of US$ 350.00 are being paid underthe BHC grant. The services Skyband offer under premium service include:

PremiumInstallation & Configuration (Once Off) US$600.00

Annual Maintenance Fee

Domain Name (.com, .net or .org)

Unlimited Email Addresses

Dial-Up Account

Hotspot Account

2MB Webhosting Space

64Kbps (monthly charges) US$350.00

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6.1.1 Develop a Website6.1.1.2 Design a user friendly website to enhance MCM visibilityAn advertisement on the Expression of Interest (EOI) to design a website for MCM was put in theDaily Times and Nation Newspapers of 19th and 21st May 2008. The Expression of Interest receiveda good response from the general public. A total of 12 companies and individuals responded to theEOI. See Annex 6 for the EOI.

Following the deadline on the submission of Expression of Interest on 27th May 2008, MCM InternalProcurement Committee conducted an initial assessment of the bid documents and out of the 12 bids4 were selected as positive bids for further assessment. On 17th June 2008 members of the InternalProcurement Committee met again for a final selection of the four bids after a thorough study of theircapacity and track record through examination of their previous work - the websites they claimed tohave designed. A final decision was made in favour of Star Media’s EOI. Responses on the outcomeof the EOI were communicated to all the firms/individuals who expressed their interest. The contractwas awarded to Star Media and work on the development of the website commenced.

(b) Installation of interactive features to accommodate issues such as complaintssubmission and links to MCM databases

It was planned that MCM’s Website should allow for dynamic information and should meet the fol-lowing specifications: (i) Shall display its contents on the homepage by links, banners and animations to make it easi-

er for the visitor to find information(ii) Shall carry web forms for visitors to fill on line i.e. complaints and accreditation forms etc (iii) Searchable within minimum download time(iv) Images such as magazine and brochures, including downloadable forms and other informa-

tion will be linked from here (v) Shall facilitate video and audio material from workshops, reports and presentations(vi) Shall have a newsletter and mailing list where email addresses for all members will be stored

and automatically send newsletters, offers, notices etc

(c) Conduct Technological Needs AssessmentTechnological needs assessment is on-going and usually done when need arises to keep abreast withnew developments.

6.2 Development of Infrastructural Capacity for MCM so that it acquires its ownlanded property

• This is an on-going activity.

Developing Administration and Personnel Policiesto guide the secretariat in the way it conducts itsday to day activities

Broadly, the development of administration and personnel policies was planned to involve a numberof activities. These included developing a staff retention programme, conditions of service, perform-ance management system and administrative policies and procedures. The last two have been devel-oped and are being used but will continue to be reviewed for further development.

8.1 Performance Management SystemThe purpose of MCM’s Performance Management System (PMS) is to achieve high levels of organi-zational performance, to establish shared understanding about what is to be achieved and to developstaff potential to the fullest. The system includes a participatory system of appraisal. Members of staffwere oriented on this and each has already been appraised based on this system for their confirma-tions. The system will continue to be reviewed periodically. Annex 7 shows the PerformanceManagement Appraisal System.

8.1.1 Administrative Policies and Procedures(a) Filing and Labeling In fulfilling the broad objective stated above, in the period under review the filing system was put inplace and filing is ongoing. In total there are four filing cabinets which have been allocated to eachdepartmental office. Although we have the filing cabinets, there are also some box files that we arebeing used for filing for example in Finance Department. These box files are properly put on book-shelves in chronological order of the documents. There are also labeled box files at the receptionwhere quotations, pouch logs, delivery notes and other documents are stored.

(b) Indentifying all Administrative Areas Requiring ProceduresUnder the same broad activity of the development of administrative policies and procedures as out-lined in the operational plan all administrative areas requiring procedures were identified like tele-phone use, vehicle policy, stationery and office equipment. However there is one area like develop-ment of procurement procedures which needs to be done by a procurement specialist. Refer to Annex8 for a whole set of Administrative Policies and Procedures.

Developing External Linkages

9.1 Organize for MCM to get affiliated to national, regional and international Bodieswith similar interests or whose works relate to the interests of MCM

Broadly, MCM planned to get affiliated with appropriate and strategic bodies such as (i) Copyright Society of Malawi (COSOMA)(ii) Council for Non-Governmental Organisation (GONGOMA)(iii) Human Rights Consultative Committee , (iv) Gender and Media Southern Africa (GEMSA)(v) SAFE(vi) Commonwealth Press Association etc.

Various local, regional and international bodies were scrutinised to assess relevancy and appro-priateness. The relevant bodies were identified and affiliation processed accordingly follows:

(a) National BodiesMedia Council is a member of the Human Rights Consultative Committee (HRCC) and Congress forNon-governmental Organisations in Malawi (CONGOMA).

(b) International BodiesAt international level MCM is a member of the World Association of Press Councils (WAPC).

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Developing Collaboration Framework with KeyNational, Regional and International Institutionsto Facilitate Effective Delivery of Services (net-working)

NationalMedia Council of Malawi has currently established collaborations with the following organisations:

(i) The Government through the Ministry of Information and Civic Education; (ii) Ministry of Gender and Women Affairs(iii) Ministry of Economic Planning(iv) Public Affairs Committee (PAC)(v) Malawi Law Society (MLS)(vi) Malawi Chamber of Commerce and Industry (MCCI)(vii) Malawi Bureau of Standards (MBS)(viii) Technical Education and Vocational Training Authority (TEVETA)(ix) The National Media Institute of Southern Africa (NAMISA); (x) Malawi Civil Society Platform on Social Policies (CISOPO), (xi) Malawi Law Commission, Malawi Electoral Commission (MEC),(xii) Journalist Union of Malawi (JUMA)

Establish a unique identity for MCM that sets itapart from the rest in terms of its niche, publicperceptions among others

11.1 Identifying Logo and Colours for MCMCalls for entries from the public on MCM logo competition were made inDecember 2007 throughadvertisements in the Malawi News, Sunday Times and The Nation Newspapers. The competition runfor 3 weeks and was closed on 30th December 2007. The Logo competition attracted an overwhelm-ing response from the nation at large. There were a total of 40 entries from across all the districts inMalawi like Balaka, Blantyre, Lilongwe, Mzimba, Mangochi, Kasungu, Karonga, Dowa, Zomba, andRumphi. The ages of the people who entered into the competition and managed to indicate them rangedfrom 15-30 years and all of them were males.

11.1.1 Setting-up Logo Task ForceFollowing NGC’s directive the secretariat instituted a 6 member Taskforce Committee to lead theexercise of choosing a logo and corporate colours for theorganization’s corporate identity. TheTaskforce Committee comprised the following members:(i) Mr. R. Chandidya: Vice-Chairperson, Membership and Accreditation Committee (ii) Ms. J. M’modzi: Member, Finance and Audit Committee (iii) Mr. M. Munthali:Radio ABC(iv) Mr. G.Ntonya: G & A International(v) Mrs. Z.Liwanda: formerly of Casals and Associates (vi) Mr. E. Mcheka: Programme Officer MCM.

11.1.2 Logo SelectionOn 20th March 2008 the Taskforce Committee selected three best entries as winners to the competition.The winners to the completion were as follows: Winner No.1 logo done by Mr. Elvin Kawale on 09 229550. Winner No.2 Logo (4C) done by Mr. F. Mapondo on 08 336 039. Winner No. 3 Logo (1B) done byMr F. Mapondo on 08 336 039

.On 15th March 2008 the committee met again to assess the three logos and make a final choice. Thiswas after the secretariat had checked on the Internet for the originality of the logos. The committeeproposed a logo by Mr Kawale to be the MCM’s logo because it captured all the aspects of what MCMstands for. Furthermore, the committee proposed that the logo should carry a motto. Hence, the pro-posed motto which was been derived from the vision and mission statement is, “Promoting vibrantprofessional accountable media”.

11.1.3 Selection of Corporate ColoursThe committee observed that MCM should have corporate colours that do not resemble any of thepolitical parties in Malawi. It was observed that having corporate colours that resemble any politicalparty would put MCM in awkward position. The proposed colour codes for MCM therefore were:Green: C:57,M:O, Y:88,K,0 and Gold:C:0, M:25,Y:94, K:0.

11.1.4 Establishing Publication to Promote MCM Corporate Communications11.1.5 Setting – Up an Editorial BoardThe Secretariat formed a 6-member Editorial Board to be responsible for the production of the MCMMagazine. The team comprises credible journalists from different media houses in Malawi and wasinstituted in consultation with the managers of the media houses where the journalists are employed.The Editorial Board comprises the following members:• Mzati Nkolokosa : Nation Publications Limited, Blantyre • Rex Chikoko : Blantyre Newspapers Limited, Malawi News, Blantyre• Antony Kasunda : Nation Publications Limited, Blantyre • Teleza Chirwa : Zodiac Broadcasting Station, Lilongwe• Ellen Mitole : The Guardian Publications Limited, Lilongwe • Eric Mcheka : Media Council of Malawi

11.1.6 Editorial Board MeetingThe Editorial Board Committee held its first meeting on 16th May 2008 at MCM SecretariatBoardroom. In its first meeting a number of policy issues pertaining to the magazine were discussed.The issues ranged from target readership, Language, sources of articles, financial policy, editorial pol-icy etc. On target readership, the committee came up with target readership for the Magazine likeMedia Practitioners, Media Institutions and the general public-those who read and write English.

In order for the magazine to be self sustaining and as a matter of its financial policy the magazine theboard agreed that the quarterly magazine should be carrying advertisements. MCM ProgrammeOfficer was put in-charge of soliciting advertisements from the corporate world. The committeepegged the circulation at 2,000 copies however this would depend on the quotation from the printers.

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Effective Programme Delivery

MCM’s programmes are primarily derived from the objectives and functions of committees as stated inSection 3 and 9 respectively of its constitution. These programmes include.

(a) mediation and arbitration of cases between the public and the media, (b) membership and accreditation of journalists and media training institutions(c) Resource mobilisation(d) Capacity building and training(e) Operating a bureau of circulation(f) Safeguarding, Advocating and lobbying for freedom of the media

The effective delivery of MCM programmes is well articulated in its strategic plan and implementationplan.

12.1 Development of Human Resource Capacity for Three Constitutional Committeesand any other support structure requiring for MCM to discharge its duties

(a) Setting up of three constitutional committees Members to the various constitutional committees of MCM were appointed on 8th September2007 and a final list released on 13th October 2007. The three committees were Ethics,Complaints and Disciplinary Committee; Membership and Accreditation Committee andFinance and Audit Committee. Each committee comprises six members. Annex 9 shows thefull list of members of the three committees.

(b) Appointment of seven members of the board of trustees Seven members of the board of trustees were appointed on 14th August 2007. The membersare as follows:

(i) Dr Edge Kanyongolo (Senior Lecturer, University of Malawi, Chancellor College);(ii) Mr Enoch Chibwana (Ombudsman, Lilongwe),(iii) Mrs. Seodi White (National Coordinator of Women and Law in Southern Africa Mw Office,

Blantyre), (iv) Ms Alice Konyani (Communication and External Affairs Manager, BP Malawi, Blantyre),(v) Rev. Dr. Lazarus Chakwera (President of the Assemblies of God in Malawi), (vi) Mr. Grey Mang’anda (Dean of Faculty of Education & Media Studies, University of

Malawi, The Polytechnic, Blantyre), (vii)Sheik Dinala Chabulika (National Coordinator, Islamic Information Bureau, Blantyre).

Development of an effective and user friendlyaccreditation framework for media practitionersor journalism training institutions

13.1 Training in Accreditation Policy Formulation and Press Card Scheme Development The process of developing the Accreditation Policy and Press Card Scheme started in February 2008.This was during a special training organized for the Membership and Accreditation Committee(MAC). With assistance from USAID through Casals and Associates a journalists’ accreditationexpert, Mr. Dominic Cooper, from the Chartered Institute of Journalism (CIOJ) was engaged to trainmembers of MAC on how to develop the Accreditation Policy and Press Card Scheme. CIOJ basedin UK is the oldest journalist accreditation institution in the world. During the training, the commit-tee did comparative studies on how accreditation is done around the globe and particularly in this partof Africa. The committee then embarked on the process of developing and Accreditation Policy andPress card scheme. See Annex 10 for the Accreditation Policy and Procedures (APP) and the PressCard Scheme (PCS) and Annex 11 for a Copy of EOI put in Newspapers papers

The Accreditation and Membership Committee prescribed the conditions, fees and validity period foruse of press card. The features of the card were proposed taking into consideration of all desired secu-rity features. Following the outcome of the meeting on 20th May 2008, the secretariat placed adver-tisements in The Nation and Guardian Newspapers calling for responses to an Expression ofInterest (EOI) on the production of PVC Press cards and other items on Ethics. The deadline for theadvertisement was 11th July 2008. The IPC met and chose a reliable supplier of the PVC Cards.Accreditation will be embarked upon once the Accreditation Policy and Procedures and Press CardScheme is finalized.

Devise a publicity, education and marketing frame-work to enhance awareness to the public, mediapractitioners and institutions on their role, rightsand responsibilities

In the period under review the Secretariat released wrote Media Releases which were aimed at informing thenation at large on various issues. All the media leases were newsworthy so much so that majority of mediahouses used them. Below is the list:(i) On 4th August 2008, MCM Secretariat issued a Media Release to the media houses titled MCM’s Ethics

Complaints and Disciplinary Committee Investigates into Allegations Against the Media.(i) On 14th August 2008 MCM Secretariat issued a Media Release to the media houses titled “MCM

Commends Media for the Coverage of the Incident in Mchesi Township.(ii) On 22nd August 2008, MCM Secretariat issued a Media Release to the media houses titled “MCM

Ethics, Complaints and Disciplinary Committee holds roundtable discussions with Media andCommunications Committee of Parliament”

(iii) On 27th August 2008, MCM Secretariat issued a Media Release to the media houses titled “MCMurges Media Houses to Handle Opinion Polls with Great Care”

(iv) On 16th September 2008 MCM Secretariat issued a Media Release to the media houses, “Joy radiostation discontinues Nkhanga Zaona and other unethical programmes on its Station. This discontin-uation was as a result of roundtable discussion MCM Ethics, Complaints and Disciplinary Committeeheld with Joy Radio station on 31st July 2008 in Blantyre, the management of Joy radio station hasdecided to discontinue airing programmes on its station which were controversial and unethical name-ly Nkhanga Zaona, and Chilungamo Chiri Kuti.

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Establish a mediation and arbitration mechanismthat promotes fairness in all cases involving thepublic and the media profession

15.1 Setting –Up and Compiling Complaints, Mediation and Arbitration ProceduresThe Ethics, Complaints and Disciplinary Committee finalized setting – up and compiling rules ofprocedure for lodging complaints and mediation of cases at its last meeting on 30th May 2008 atSunbird Mount Soche Hotel in Blantyre. Currently, the procedures have since been reviewed by theNGC. What remains as a continuation of the activity the committee shall precede with consultativeworkshops for media practitioners and sensitization workshops for target groups from the generalpublic. Details of the Rules and Procedures for Complaints and Mediation are shown in Annex 12.

15.1.2 Revising the Media Code of EthicsThe Ethics, Complaints and Disciplinary Committee also completed revising the Media Code ofEthics. The committee completed in October 2008 soliciting views on the revised Media Code ofEthics from members of NGC before the media practitioners are consulted and the public is civic edu-cated on the same. Annex 13 shows the Revised Code of Ethics.

15.1.3 Mediatory and Round Table Discussions by Ethics, Complaints and DisciplinaryCommittee

15.1.4 Investigations Instituted by MCM SecretariatOn 6th June 2008, Media Council of Malawi secretariat received a letter from the National MediaInstitute of Southern Africa -NAMISA, where they expressed concern over the conduct of MalawiBroadcasting Corporation. The letter stated that MBC had carried a news bulletin in which it wasalleged that journalists working for other media houses were being financed by the United DemocraticFront (UDF) to write negative stories about government and positive stories about the opposition par-ties in Malawi.

Ethics, Complaints and Disciplinary Committee met on 25th July 2008 at Mount Soche Hotel whereamong other issues on the agenda, the Executive Director of MCM presented a report on the investi-gation into the allegations against journalists, Joy radio station, and conduct of state broadcasters. Theinvestigations were as a result of the complaints NAMISA and members of the general public hadlodged with MCM. MCM instituted investigations into the matter and a report was produced on thesame. Details of the report see Annex 14

15.1.5 Mediatory/Round Table Discussions Following the complaints from the general public had lodged with MCM over the conduct and useof inflammatory language by some radios, MCM’s Ethics Complaints and Disciplinary Committeeheld a meeting with three media houses namely, TVM, MACRA and Joy radio station on 31st July2008 in Blantyre. However, Malawi Broadcasting Cooperation (MBC) sent an apology last minute.As one of the resolutions to this meeting in Blantyre, it was agreed that a meeting between MCM andParliamentary Committee on Media and Communication (PCMC) should be organized. Details of theReport see Annex 15

Therefore, as a fulfillment to the resolution made at Mount Soche in Blantyre on 20th August 2008,MCM held a Consultative meeting with members of Parliamentary Committee on Media andCommunications. Officials from MCM who attended the meeting were NGC chairperson (Rev. P.Semphere), Interim Chairperson of Ethics, Complaints and Disciplinary Committee (Mr A.Osman),Member Ethics, Complaints and Disciplinary Committee (Mrs. J.Ng’oma) Member of MCM Boardof Trustees (Mr. G. Mang’anda), Chairperson of Membership and Accreditation Committee (Dr P.Mitunda), Chairperson of MCM Finance and Audit Committee (Mr. A.Ntonga), Executive Director

of MCM (Mr B. Chiyamwaka) and other members. On the other hand, 12 members from PCMC outof 18 attended the meeting led by the Chairperson of the committee, Honourable B. Lijenda. ThePrinciple Secretary in the Ministry of Information and Civic Education Mr. J. Kanyinji also attendedthe function. Details of the report see Annex 16

This meeting was a culmination of a series of meetings, discussions the EC & DC had with three mediahouses of TVM, Joy radio station and MACRA. The agenda of the Consultative meeting was as follows:a) Brief background to MCM’s Ethics, Complaints and Disciplinary Committee (component of

self-regulation)b) Findings from investigations and meetings with TVM, Joy radio and MACRA

(Communications Act and Propaganda wars)c) Funding to TVM and MBC and Communications Actd) On 17th September, 2008, the Ethics Complains and Disciplinary Committee, held a second

roundtable discussion with the Parliamentary Committee on Media and Communications(PCMC) to continue dialogue following Parliament’s failure to fund MBC and TVM once againin 2008/2009 fiscal year. Details of the report see Annex 17

e) On 24th September, 2008 at the second round table discussion between, MCM’s Ethics,Complaints and Disciplinary Committee (ECDC) and Parliamentary Committee on Media andCommunication (PCMC), MCM and PCMC held a meeting with Finance Minister, HonourableGoodALL Gondwe, and M.P at the Ministry of Finance Ministerial Boardroom in Lilongwe.This was a continuation of a series of mediatory talks and roundtable discussions MCM hadbeen holding to bring PCMC and the Minister of Information and Civic Education to an under-standing so that issues surrounding MBC and TVM funding are resolved. Details of the reportsee Annex 18

f) On 25th September 2008, members of Ethics, Complaints and Disciplinary Committee paid a courtesy call on the deputy Minister of Information and Civic Education, HonourableJohn Bande at the Minister’s office in Lilongwe. This was done since there hadn’t been suchspecial and formal interaction with the ministry at that level since the resuscitation of MCM.

g) On 8th October 2008 Parliamentary Committee on Media and Communication (PCMC) request-ed to meet with officials from MCM at Korea Garden in Lilongwe. PCMC had MCM officialsto briefed them on the mandate of MCM and also be appraised on the efforts MCM had donewith regards to TVM and MBC funding. At the end of the meeting PCMC urged MCM to playa mediatory by bringing other stakeholders like Minister of Information and Civic Education,Boards of TVM and MBC including the director general of both public broadcasters, MACRA,PCMC, Public Accounts Committee (PAC) and Budget and Finance Committee of Parliament.

h) Investigations Instituted by MCM Secretariat.i) On 6th June 2008, Media Council of Malawi secretariat received a letter from the National

Media Institute of Southern Africa -NAMISA, where they expressed concern over the con-duct of Malawi Broadcasting Corporation. The letter stated that MBC had carried a news bul-letin in which it was alleged that journalists working for other media houses were beingfinanced by the United Democratic Front (UDF) to write negative stories about governmentand positive stories about the opposition parties in Malawi. Details of the Letter see Annex 19

j) Establish and effective membership structure that promote ownership and sus-tainability of MCM.

5.1. 6 Membership Education Meetings In collaboration with the Finance and Audit Committee, the Membership and AccreditationCommittee conducted the first MCM membership education meeting for the North and CentralRegions on 20th December 2007. The meeting was convened for membership education and to decideon membership fee.Another MCM membership education meeting for the Southern Region was held on 8th February2008. This meeting was also convened for membership education and to decide on membership fee. During the membership education meetings in Lilongwe and Blantyre, MCM members resolved that

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MCM institutional membership should be according to categories. Four categories were identified.The categories were based on circulation, size of media house, financial capacity, nature of mediabusiness, which is commercial or non profit. Below are the four categories:

• Category A: These are community radios which are non profit, very small audiences, devel-opmental in nature and run on voluntary basis. There fee is MK25, 000.00 payable in twoinstallments.

• Category B: These are radios and media houses which are non profit, mostly faith-based,training institutions but relatively bigger than community radios and have get some incomefrom advertisements. Their annual fee is MK 50,000.00.

• Category C: These are commercial media houses but relatively small in size and financialcapacity. Their membership fee is MK 100,000.00

• Category D: These are big media houses with large audiences and circulation, mostly com-mercial in nature and makes considerable profits. Their membership fee is MK200, 000.00.

16.1 Develop an advocacy and lobbying strategy that would facilitate the realisation of MCMobjectives by championing and/or joining hands with other institutions.

In spite of the absence of an advocacy strategy which MCM is yet to develop, in the period underreview the Council engaged in a lobbying exercise. The first lobbying exercise was done during theround table discussion with honourable members of Parliamentary Committee on Media andCommunications in Lilongwe on 20th August 2008. During the same meeting MCM took the oppor-tunity to lobby the Parliamentarians to pass the budgetary allocation for the two public broadcastersof TVM and MBC for the 2008/2009 fiscal year.

Secondly taking advantage of the meeting PCMC had called to meet with officials from MCM on 8th

October 2008 at Korea Garden Lodge. Members of Ethics Complaints and Disciplinary Committee ofParliament urged PCMC members to take Communications Act to Parliament under a PrivateMembers Bill motion. PCMC has resolved to take Malawi Communications Act under the PrivateMembers Bill Motion. Furthermore PCMC would also equally champion Access to Information Billin Parliament.

Develop a research, monitoring, evaluation andpublications structure that would enhance thedevelopment of the profession

In September 2008, the Secretariat started a media monitoring exercises. The media monitoring tool focusesretractions and apologies from newspapers produced by two big publishing companies in Malawi of BlantyreNewspapers Limited and Nation Publications Limited. The tool also covers broadcasting houses of MBC andTVM including private ones namely Capital FM, ZBS and FM 101.So far one report has been produced.Complaints from the public made by members of the general public on different radio stations are also record-ed. So far over 6 complaints from the general public were recorded. Within the same period a letter was sent todifferent media houses requesting copies of their programme schedule. Details of the report see Annex 20.

The Finance and Audit Committee

The finance and Audit Committee met on 6th June 2008 to review the Council’s finances including BHC’sgrant and discuss other pertinent issues. The committee discussed the following:

18.1 BHC GrantThe 42 Million Malawi Kwacha, one-year BHC grant was disbursed into Media Council of MalawiAccount on 23rd April 2008 but the money was accessed later in May 2008. BHC is willing to fundthe Council for the next two years although this will depend on the Council’s performance in the firstyear. The grant was signed on February 2008 but the grant signing ceremony took place at the BritishHigh Commissioners residence on 26th March 2008. After the official signing of the grant, it tookabout 3 months before the money was transferred into MCM’s account. During the transition whichwas a very tough period for the council, an agreement was entered into with BHC that money forsalaries be outsourced from Casals and Associates with the understanding that once the Council getsthe funding, it would pay back the money to Casals and Associates. The same agreement was madefor other expenses but could be outsourced from other sources. Casals paid salaries for February andMarch 2008 including rentals.

The committee observed that during the budget negotiation meeting with BHC, the budget for themotor vehicle was reduced from MK 8,000,000.00 to MK 2,000,000.00 recommending that MCMbuy a second hand vehicle. DFID later observed that the amount was too little to qualify for the thresh-old required for them to procure a vehicle for MCM. DFID also informed MCM that they do not pro-cure their partners second hand vehicles. MCM was however, allowed to proceed purchasing a sec-ond hand vehicle which would be in the Council’s name. The Council has since managed to buy aJapanese reconditioned vehicle, Toyota Gaia, MC 2728, through an open bid tendering process. At thetime of purchase the car was at 132,000 Km of mileage. The committee recommended that since thelife span of the vehicle might be relatively short being second hand and that the council has one vehi-cle which means there will be pressure on the car, next year a proposal be made to BHC to considerincluding a new vehicle in the budget.

18.1.2 National Governing Council MeetingThe NGC held its fifth meeting on 20th June 2008 at Capital Hotel. The meeting wanted to look atpolicy and programme issues. Chairpersons of the three constitutional committees presented theirreports which needed NGC’s approval before implementation of various programme.

Challenges faced in the year under review

• Late disbursement of funds from BHC. Almost four months were lost as a result ofthe late disbursement of funds.

• Not many member organizations have paid their membership fee, at present only 12have done out of 43.

• Resignation of two chairpersons from the Ethics, Complaints and DisciplinaryCommittee.

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ANNEX 1: Study Tour Report

ANNEX 2: Procurement Report

Media Council of Malawi MINUTES OF THE PROCUREMENT MEETING HELD ON TUESDAY 29 APRIL 2008 IN THEEXECUTIVE DIRESCTORS’S OFFICE

PRESENT1. Baldwin Chiyamwaka (Executive Director)-Chairperson2. Jennifer M’modzi ( Finance Committee Member)3. Jacqueline Chipembere (Administrative Assistant)-Secretary

APOLOGIES1. Eric Mcheka

MINUTE 1/04/08: OPENING REMARKSThe chairperson welcomed Ms. Jennifer M’modzi, a representative of the Finance Committee to the meeting.He also apologized on behalf of Eric Mcheka (interim procurement committee chairperson) who was busylooking for a house. The chairperson said that the purpose of the meeting was to submit quotations solicitedfrom suppliers for the proposed office furniture and equipment for MCM Secretariat as provided in the BHCproposal/grant agreement now that the funding was available. Jacqueline circulated the summary sheet of thesolicited quotations and the quotations as well to the members.

MINUTE 2/04/08: RECOMMENDATIONSJennifer said that procurement should be made on subject of quality and availability. The last factor should beprice. If the supplier selected to supply the goods doesn’t have the item in stock the next should be recom-mended. It was however observed that as much as possible price was also going to be a determining factorbecause BHC grant was fixed in terms of prices included in the asset budget. Quotations were solicited fromthree to four suppliers of each item.

MINUTE 3/04/08: REFRIDGERATORIt was agreed that Lords Best Collection has to supply us with a fridge because they are well known suppliers ofelectronic items and the quality of their supplies is good and durable. Quotations were solicited from three to foursuppliers of each item. The budget line for a refrigerator was K120, 000.00

MINUTE 4/04/08: ROUND SMALL CONFERENCE TABLEThe solicited suppliers of round small conference tables were Lords Best Collection, Mapanga FurnitureLimited and Brysoms Limited and Vegas. The recommended supplier was Brysoms Limited. If Brysoms does-n’t have the small conference tables then Vegas Should be the next supplier.

MINUTE 5/04/08: CHAIRS FOR THE ROUND SMALL CONFERENCE TABLEThe quotations for the chairs were collected from Lords Best Collection, Mapanga, Brysoms Limited andVegas. The recommended supplier was Brysoms but based on availability, if Brysoms doesn’t have in stockthe next supplier to be was Vegas Limited.

MINUTE 6/04/08: COFFFE TABLEThe quotations were solicited from Mapanga Furniture Limited, Brysoms Limited and Vegas. MapangaLimited was recommended because they have the specific type and quality of the coffee table MCM is look-ing for. If Mapanga Limited doesn’t have them in stock then the next supplier who has the same quality ofcoffee tables will be given a chance to supply. The budget line for a coffee table was K15, 000.00.

MINUTE 7/04/08: CONFERENCE TABLE AND CHAIRSConference table and chairs quotes were collected from Vegas, Brysoms, Furniture and Fitting Centre andMapanga Limited. Vegas Limited was selected to supply us with the conference table as well as the chairs.The conference table was trimmed to15 - seater because of space and it is hoped that one meeting may not beof 20 people as suggested earlier on. The budget line for Conference Table and Chairs was K632,500.00

MINUTE 8/04/08: OFFICE DESKThree quotations for an office desk were collected from Mapanga and Vegas and the recommended supplierwas Vegas because they supplied us earlier with the same type and quality of an office desk for uniformity.The desk’s budget was K35, 000.00.

MINUTE 9/04/08: CARPETSQuotations for the carpets were sourced from Mapanga and Vegas and Vegas Limited was chosen to supplybecause they quoted us a lower price for the same quality of carpets. Carpets were budgeted for K100, 000.00.

MINUTE 10/04/08: SWITCHBOARDLeroy Computer Com, Techno Centre, Telephone Equipment System and Business submitted their quotationsand the recommended supplier was Techno Centre because Jacqueline experienced and verified their service.The other suppliers were not recommended because they are not original suppliers. The budget line for theswitchboard was K100, 000.00

MINUTE 11/04/08: I.T. EQUIPMENTQuotations were solicited from different suppliers of IT equipment namely; Photocopier, UPS’s, laptop and scan-ner. It was agreed that before we procure IT equipment, we should engage Mr. Kawamba who is an expert in elec-tronics to check the quotations if they have the recommended specifications. The meeting ended at 3: 50 pm.Chairperson: Mr. B. S. Chiyamwaka Secretary: Jacqueline Chipembere

Signature:……………………….. Signature:…………………………...

ANNEX 2 (b):

Media Council of Malawi MINUTES OF THE BID OPENING PROCESS HELD ON FRIDAY 16th MAY, 2008 AT MCMBOARDROOM

PRESENTInterim Procurement Committee1. Baldwin Chiyamwaka (Executive Director)-Chairperson2. Eric Mcheka(Programmes Officer)3. Sokalawo Chawinga(Finance Officer)4. Jennifer M’modzi ( Finance Committee Member)5. Takondwa Jumbe (Finance Committee Member)6. Jacqueline Chipembere (Administrative Assistant)-Secretary

Bidders Present1. Wyson Zinyemba (Wymbaso Suppliers)2. Mohamed Raziy (R.Y.M Enterprises)3. Pastor Chomveka (Chomveka Enterprises)4. Eddie Musongole (Speedy’s Limited)

MINUTE 1/05/08: OPENING REMARKSThe Executive Director of MCM, Mr. Baldwin Chiyamwaka welcomed all people present during the bid/ten-der opening session. He informed them that he wanted the bids to be opened in front of bidders for transparen-cy and accountability’s sake. He also said that the vehicle was urgently needed hence the selected supplierwould be required to deliver it as soon as possible as was indicated in the advertisement.

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MINUTE 2/05/08: BID OPENINGMr. Eric Mcheka, Programme Officer, MCM, led in the bid opening process. He thanked all bidders that werepresent and said that the advertisement was well responded to. There were 8 bidders in total; namely RYMEnterprise, Adam Said, M. Asedi, Pastor Chomveka, Wyson Zinyemba Soko, Rina Motors and Speedy’sLimited. However, RYM submitted two bids.

MINUTE 3/05/08: PRICES AND TYPES OF VEHICLESThe first bid to be opened was from RYM Enterprise. The make of the vehicle was Toyota Mark II markedK850, 000.00, the other one was Toyota Estima at K1, 400,000.00.The next bidder was Adam Saidi whose carwas a Toyota Gaia marked K1, 600,000.00 followed by M. Asedi who quoted a Toyota Nadia at a price ofK1,650,000. Pastor Chonveka’s vehicle was a Toyota Hilux-Surf marked K1, 500,000.00, Wyson Zinyemba Sokoquoted a Toyota Gaia worthy K1, 400,000.00 followed by Rina motors whose car was Subaru Legacy StationWagon worthy K6, 300,585.00 and lastly Speedy’s Limited quoted a Toyota Rava 4 station wagon marked K7,000,000.00 respectively. The last two cars were new cars while the rest were japans reconditioned second handvehicles. Following bid/tender opening process, bidders were allowed to leave and were informed that theywill be informed of the outcome of the bid process. Immediately after the opening of the bids, members ofthe interim internal procurement committee proceeded with the selection of the bids.

MINUTE 4/05/08: SELECTIONThe executive Director briefed the members that the budget for the vehicle was Two Million Kwacha(2,000,000.00) so that the members could choose a vehicle whose price was within the budget ceiling and inline with the specifications advertised in the paper.

MINUTE 5/05/08: SHOTLISTINGRina Motors and Speedy’s Limited were removed since their prices were over the budget. RYM Enterprisesand Mr. Chonveka were also taken out because the specifications of their vehicles were different from thespecifications of the Vehicle Media Council of Malawi advertised in the newspaper. There were three suppli-ers whose bids/tenders were responsive namely Mr. Adam Saidi whose car was a Toyota Gaia at K1,600,000.00, M. Asedi who quoted a Toyota Nadia at a price of K1, 650,000 and Wyson Zinyemba quoteda Toyota Gaia at the cost of K1, 400,000.00

MINUTE 6/05/08: TENDER AWARD Based on the nearly accurate specifications and reasonable price Mr. Zinyemba Soko offered on hisvehicle/car, the committee recommended MCM to award the bid to him.

MINUTE 7/05/08: WAY FORWARDMs M’modzi suggested that the vehicle should be taken to a test with a mechanic and the committee agreedwith the idea. The Executive Director said he would facilitate the testing of the vehicle. It was agreed thatshould the vehicle be not in good condition then motor vehicle tender be re-advertised.

MINUTE 8/05/08: ANY OTHER BUSINESSMs M’modzi and Ms Jumbe thanked members of the Secretariat for the transparency manner in which itdecided to buy the vehicle. Mr. Mcheka who had led the process appreciated the way the process of buying avehicle was done. However he mentioned that he wasn’t satisfied since the vehicle was not a 4X4. Mr.Chiyamwaka said that he was happy to finalize the procurement of vehicle since it wasn’t easy for MCM tooperate without the vehicle and it was one of the challenges MCM faced and lastly Mrs. Chawinga expressedher happiness that MCM had would finally procure a vehicle and that that MCM would not be spending muchon Taxi and Car Hire.

MINUTE 9/05/08: CLOSING REMARKSMr. Chiyamwaka on behalf of the MCM team at the secretariat thanked Ms M’modzi and Ms Jumbe for theirpresence and also said that MCM is proud of them since they are always there whenever they are called to helpwith the business of the Secretariat. Then the meeting closed with Mr. Mcheka ensuring that all documentationrelevant to the procurement of the vehicle had been put together for filing. The meeting ended at 4: 30 pm.Interim chairperson: Mr. Eric Mcheka Secretary: Jacqueline ChipembereSignature:……………………….. Signature:…………………………...

ANNEX 3: Maintenance Schedule for Office Equipment

Media Council of Malawi Maintenance guidelines for Equipment

• The maintenance guidelines and schedule for equipment were finalized in June 2008 and are current-ly in use. The guidelines are under Administrative Procedures. A maintenance schedule for officeequipment is as follows:

Category 1: Communication Equipment-Monthly Basis1. Switchboard2. Local area network3. Internet

Category 2: Computers-Quarterly (Every 3 Months)1. 2 HP Desktop computers2. 1 HP Laptop3. 1 Toshiba Laptop

Category 3: Printers and Other Hardware (Quarterly (Every 3 Months)1. HP 1320 Printer2. HP 3050 Printer3. Hp 2400 Printer4. Canon Photocopier5. HP Scan jet 2400

Category 4: Electrical Appliances-Semi- Annually (Every 6 Months)1. Refrigerator2. DVD/VCD player3. Hot plate4. Fans5. Kettle

6. 6. Microwave7. 7. TV Screen

ANNEX 4: Copies of Accounting Documents and Internal Controls

Media Council of Malawi CASH / CHEQUE ADVANCE

Prepared by:Date:

1st MCM Annual Report July 2007 - July 2008 2726 1st MCM Annual Report July 2007 - July 2008

VENDOR / PAYEE ACCOUNT NO.

PROJECT NO.

STAFF PURPOSE AND REASON NEED:

NOTE:Originator must account for advance by returning paid invoices and / or receipts to theAccounting department within 15 days.

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Petty Cash Receipt

ANNEX 5: Draft Resource Mobilization and Sustainability Strategy

Media Council of Malawi

1.0 Executive Summary• During the development of the strategic plan political/corporate manipulation sustainability

were indentified as critical make or brake factors for Media Council of Malawi.• As a fledging organisation which is not primarily focused on income generation, the success

of MCM depends on sustainable funding.• Low funding has been recognized as a threat to the existence of the organisation.• Sustainable funding is crucial to the independence of the Council is as far as ensuring

accountability, integrity and excellence is concerned.• Financial challenge was one of the aspects that saw the collapse of the first Council, follow-

ing lack strategy for sustainability.

2.0 Introduction• The MCM operational work plan for February 2008 to January 2009 identified potential

activities for financial sustainability. The short-term plans earmarked in the work plan asincome generating activities included; football match, dinner/dance concert, drama perform-ances. The budget for organising these activities is K800, 000.00 and is already provided forby BHC.

• Furthermore, members of the Council have an obligation to ensure sustainability through pay-ment of annual fees. The membership comprise three categories:Category A: These are not for profit institutions whose annual membership fee is K50,000.00 and is supposed to be paid in two installments.Category B: These are commercial organizations but small in size. They are supposed to paya membership fee of K100, 000.00. Their fee is also payable in two installments.Category C: These are commercial institutions however big in size. Their annualMembership stands at K200, 000.00. Their fee is also payable in two installments just likeother categories.The total amount expected annually from all the 45 member institutions is K4, 775,000.00

• As one way of augmenting its financial resource base, the secretariat has also developed along term sustainability strategy. The long-term suitability strategy is in three categories: i. Communication Centreii. Bureau of Circulationiii. Other Income Generating Activities (Disco equipment, PA system, video studio,

music studio and plastic chairs

3.0 GoalThe proposal serves to address the critical make or break factor in as far as the sustainability of funding toMCM is concerned.

4.0 General ObjectiveTo ensure continuous and effective implementation of the objectives of MCM.

5.0 Specific ObjectiveTo build a strong financial resource base through establishment of various investments for financial sustain-ability of MCM.

6.0 Potential Sources of Sustainable Income for MCMThe resource mobilization strategy includes both short and long terms methods methods of generating incomeas follows:

1st MCM Annual Report July 2007 - July 2008 2928 1st MCM Annual Report July 2007 - July 2008

MEDIA COUNCIL OF MALAWI

EMPLOYEE EXPENSE REPORT

EMPLOYEE NAME (PRINT) ID NO:

EMPLOYEE PERSONAL NUMBER: CHEQUE NO:

PURPOSE OF THE TRIP EXPENSE

AMOUNT IN MALAWI DATE LOCATION DESCRIPTION OF EXPENSE RECEIPT REF KWACHA BUDGET LINE

EXPENSE TOTALLESS TRAVEL ADVANCELESS PREPAID EXPRESS

NET AMOUNT DUE TO/FROM EMPLOYEE

EMPLOYEE SIGNATURE DATE

APPROVED BY DATE

Name:

Date:

Description of Expenses:

Amount Requested:

Reviewed By:

Approved By:

Receipt Attached ((Yes/No):

Received By:

Account Code:

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(i) Short term methods• Dinners• Concerts• Drama performances• Football matches• Project proposals

(ii) Long term methods• Establishment of a communications centre• Property investment such as Building of office premises• Buying of shares (to be explored)• Membership fees• Establishing medium to long term funding agreements with donors – including bas-

ket funding model

Some of the short – term methods of resource mobilization (Income generating activities) are part of theStrengthening of Media Council of Malawi Project which is being funded by BHC. The long term strategywas submitted to FAC and was discussed and further submitted to NGC for approval.

6.0 Skills RequiredThere are general skills that are required for the proper running of the sustainability strategies.

• Business management skills• Customer care• Accounting• IT skills• Marketing• Research skills

6.1 Skills required in Communication Centre• Customer care• Accounting skills• Business management• Marketing Skills• IT Skills• Secretarial skills /front office operations

6.2 Skills required in Information GalleryThe information gallery will not be a resource mobilisation strategy per say, rather the gallery will serve as a library andreading place for journalists and researchers on media. We intend to stock the place with books and other media relatedmaterials so that it becomes a port of call for media personnel.

Skills required• Information management and Librarian skills• Cataloguing and classification

6.3 Skills required in Bureau of Circulation• Research design skills• Sampling• Data collection• Audience analysis• Rating research• Non-rating research

6.4 Skills involved in other Income Generating Activities• DJ skills• Recording skills• Video shooting skills• Video Editing skills• The budget Cost for the Financial Sustainability Strategy is K27, 266,000.00

ANNEX 6: Expression of Interest on Website Development

Media Council of Malawi REQUEST FOR EXPRESSION OF INTEREST

Designing MCM WebsiteMedia Council of Malawi (MCM) is a non-profit, non-political and self –regulating professional organisationwith a mission to promote a vibrant media that is professional and accountable to the public.

In its quest to fulfill this objective MCM intends to have a website mounted on the World Wide Web page.Interested developers are therefore advised to submit Expression of Interest. The Website should at least meetthe following specifications (terms of reference).

• Allow dynamic information display i.e. articles and updates• Interactive features• Searchable• Minimum download time• Provide templates and training two officers on the same for simple updates.

Interested firms /individuals must submit Expression of Interest showing that they are eligible and qual-ified to perform the services (description of similar assignments, experience in similar services, availability ofappropriate skills among key staff, etc).In assessing submissions, consideration will be given to the technical competence of the individual /firm,experience of the individual/firm in similar assignments, managerial capability and capacity in all respects toundertake the assignment.Only a firm/individual with demonstrated experience and good track record in similar assignments will beconsidered for the assignment.Submissions in sealed envelopes clearly marked “Expression of Interest for Designing of MCM Website”must be addressed to the address indicated below:

The Executive DirectorMedia Council of MalawiP/Bag A 51LILONGWETel: 01 752 722Email:[email protected] date receiving of Expressions of interest is 27 May 2008 at 5:00 pm.

ANNEX 7: Performance Management System

Media Council of Malawi

Performance Management SystemThe following is a MCM Secretariat draft Performance Management System (PMS). The system is currentlyin effect but will continue to be reviewed and developed.

1st MCM Annual Report July 2007 - July 2008 3130 1st MCM Annual Report July 2007 - July 2008

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Management SystemPurpose: The purpose of the PMS is to achieve high levels of organizational performance, to establish shared under-standing about what is to be achieved and to develop staff potential to the fullest.

Goal:To translate MCM’s corporate goals into goals at all levels – departmental, team and individual levels. Theidea is to communicate the strategic plan, business plans and work plans in a meaningful and integrat-ed way, and so to create a shared understanding of what is required to improve performance – and how toachieve it. It is hoped that this will encourage self-management of performance by each one of us as staff.

General Objectives: 1. to create knowledge and understanding of what is expected of us all2. to develop skills and abilities required to deliver on these expectations 3. to support staff so that they can develop the capacity to meet these expectations and that they

are given feedback on their performance 4. to provide a forum for discussion and an opportunity to contribute to individual and team aims

and objectives.ToolsThe following should be the tools for each one of us to enable us achieve the above goal and objectives

1. The strategic plan (SP) 2. Annual Operating Plan3. Business Plan (BP)4. Job Descriptions (JD)5. Key Performance Indicators 6. Annual Operating Plan (AOP) 7. Monthly Management Reports (MMR) 8. Performance Reviews

PERFORMANCE APPRAISALThese tools will culminate in annual performance appraisals (APR) which will determine the other compo-nents of the performance management systems such as trainings, capacity building and rewards. Below areguidelines for MCM’s Performance Appraisal:

ObjectivesThe purpose of the performance appraisal is to provide an opportunity for staff and the Executive Director ordesignated supervisor to:

1. Discuss together the present performance of a members of staff2. Discuss future work plans and results3. Identify areas of strength that can be used more effectively in the future. 4. Identify areas where you may be having difficulties in your present job.5. Decide on an appropriate development plan either to make better use of your strengths

and/or deal with the difficulties you have identified.

ROLE OF MEMBER OF STAFFPre- AppraisalIn order to help each member of staff get the most of the performance appraisal session, the member of staffwill have to prepare him/herself for the discussion. The member of staff will do this by thinking carefullyabout his/her job and the areas which she/he will discuss with the Executive Director or Supervisor.

To assist each staff help the discussion they will be asked to complete a form which must be returned to thedirector/supervisor prior to an appraisal session.It is often also helpful for a member of staff who is preparing for appraisals to consider each of his/her objec-tives or performance standards so that their performance is assessed against those standards or objectives.Most times, a member of staff’s business plan is useful.

AppraisalA member of staff whose performance is being appraised is encouraged to be honest and open with director/supervisor, raising any particular problem or opportunities they can see. Clarifying and resolving issues willhelp all parties.

SOME REVIEW QUESTIONSThe following questions form part of the appraisal discussion. The rest of the discussion will bebased on the staff’s objectives and standards that he/she did set for the period being reviewed. 1. What do you consider to have been your key responsibilities or tasks during the previous twelve

months?2. What do you think you have done best or with the greatest satisfaction and why?3. What have you done least well or with the least satisfaction and why?4. Were there any obstacles, which hindered you achieving your objectives?5. Are they likely to recur and if so how could they be eliminated?6. To increase your effectiveness, what additional things might be done by:

a) The ED/supervisor:b) Yourself: c) Media Council of Malawi (MCM):

7. What do you think your key objectives/targets should be for the next twelve months?8. What training would be useful to improve your performance or your career prospects?

ANNEX 8: Administrative Procedures Systems

Media Council of Malawi

1st MCM Annual Report July 2007 - July 2008 3332 1st MCM Annual Report July 2007 - July 2008

MEDIA COUNCIL OF MALAWI (MCM)FIRST MEMBERSHIP MEETING

HOTL VICTORIA8 FEBRUARY 2008

REGISTRATION FORM

Name:

Designation:

Institution:

Mailing Address:

Telephone No(s):

Fax No(s):

E-mail Address:

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1st MCM Annual Report July 2007 - July 2008 3534 1st MCM Annual Report July 2007 - July 2008

OFFICE REQUISITION FORM(For Tea, Coffee, Milk& Stationery, etc)

To: Administration Assistant Date:

From: NAME SIGNATURE

Approved by:Finance & Administration Officer

Please supply the following items as specified below for:a) Office use b) Workshop c)

The Finance & Administration Office must approve before submission of the request

Issued by:Office Assistant

Date:

Received by:Name & Signature

Version of November 2007

QTY RQD UNIT DESCRIPTION QTY ISD REMARKS

MEDIA COUNCILOF MALAWITELEPHONE REGISTER

Date Organization/Person Called Called Number Duration Indicate Official

OR PersonalIf successful

Tick ( )Signature

Media Council of MalawiSTATIONERY RE-ORDER FORM

No.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

Item Description Unit Qty in Stock

MinimumQty toMaintain

Re-OrderQty

Prepared by: Signature by:Print Name

Approved by: Signature by:Print Name

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ANNEX 10: Accreditation Policy and Procedures & Press Card Scheme

Media Council of Malawi

1.0 AIMThe aim of the policy is to clarify the steps that must be taken by a local or a foreign journalist to getaccredited in Malawi.

2.0 INTRODUCTIONMedia Council of Malawi (MCM) is a non-profit, non-political and self-regulating professional organi-sation for the media whose vision statement is to promote a vibrant media which is professional andaccountable to the public. MCM was resuscitated in February 2007 opening hope for a new era in the media profession. Among themany objectives for which MCM was set to accomplish is to maintain and promote the status of journal-ism as a profession in Malawi. Promotion of the status of journalism can only be achieved through theinstitutionalism of self-regulation. For many years in Malawi journalism was practised without self-reg-ulation concept. This absence of self-regulation among media practitioners left a huge gap in the mediaindustry. Consequently unethical news coverage, low professional standards, inadequate and/or poortraining and lack of research based information to guide media practice led to the loss of public trust inmedia and treatment of journalism as a mediocre profession. Furthermore while media freedom isexpressly guaranteed in the Republican Constitution, politicians and the public continued to accuse themedia of abusing this freedom. The introduction of press cards therefore will open a new era in the prac-tice of journalism in Malawi.

3.0 WHY INTRODUCE ACCREDITATION PROCEDURES Accreditation of journalists is one of the central principles in self-regulation. This exercise among otherthings aims to achieve the following:• Developing an effective and user-friendly accreditation framework for media practitioners and jour-

nalism training institutions. • Maintain and promote the status of journalism as a profession.

4.0 WHO IS RESPONSIBLE FOR THE POLICY?The overall supervision of the Accreditation Policy and Press Card Procedures rests with MCM’sAccreditation and Membership Committee to provide guidance on the accreditation process.

5.0 POLICY IMPLEMENTATIONMCM secretariat will be responsible for the execution and full implementation of the AccreditationPolicy and Press Card Procedure with oversight implementation provided by Accreditation andMembership Committee as well as Ministry of Information.

6.0 WHY JOURNALISTS SHOULD BE ACCREDITED IN MALAWIJournalists should be accredited so that they may identify themselves to Police, authorities, the public etcas genuine representatives of the media BUT should not be treated as a license or passport to free infor-

1st MCM Annual Report July 2007 - July 2008 3736 1st MCM Annual Report July 2007 - July 2008

Name

1. Mr M. Chikankheni

2. Ms J. M’modzi

3. Ms Takondwa Jumbe

4. Mr E. Chitsulo

Organisation

Dulux Limited

Channel for All Nations

Television Malawi

Nations Publications Ltd

Address

P.O. Box 30013 - BT

P.O. Box 1220 - LL

P/Bag 268 - BT

P.O. Box 30408,Chichiri BT3

Tel Number

01871522/728-01871767/08827312

08328695/01921423

0885133108827060/01874419/01874652

Email

[email protected]

[email protected]

[email protected]

[email protected]

Finance and Audit CommitteeTRANSPORT REQUISITION FORM

To: Administration Assistant Date:

From: NAME SIGNATURE

Time transport needed:

Expected Time to be in:

Destination:

Reasons for transport need:

Authorized By:Name & Signature

Note:All transport nedd must be submitted before 9:00 in the morning for proper planning.

ANNEX 9: Full list of members of Three Constitutional committees

Media Council of Malawi

Name

1. Mr A. Osman

2. Mr Ian Malera

3. Mrs Jocyce Ng’oma

4. Prof. Wiseman Chijere Chirwa

Organisation

Capital Radio

T.F. & Partners

Power 101

University of Mw, Chancellor College

Address

P.O. Box 347 - BT

P.O. Box 724 - LL

P.O. Box 761 - BT 3

P.O. Box 280 - ZOMBA

Tel Number

01 820 858/498 08960277

08 844 584

09 922 834

08 351 491/09 958 302

Email

[email protected]

[email protected]

[email protected]

[email protected]

Ethics, Complaints and Disciplinary Committee

Name

1. Mr M. Naminga

2. Mr D. Chikwembani

3. Mr Chipofya

4. Mr R. Chandidya

5. Mr Fred Sikwese

Organisation

NAMISA

Min of Information

MBC

TEVETA

Malawi Bureau ofStandards, Moir Road

Address

P.O. Box 30463 - LL3

P/Bag 310 - LL3

P.O. Box 30133 - BT 3

P/Bag B406 - LL

P.O. Box 946 - BT

Tel Number

09 510 120

09 511 534/01 771 092

01 871 257

01770132/01775211/245

01870488/993/626-08534221

Email

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

Membership and Accreditation Committee

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mation regardless of how they get it.Journalists should be accredited to make sure that not any journal-ist can cover an event but only those who have been accredited upon presentation of a press card.

7.0 WHO SHOULD BE ACCREDITED?• All journalists.• Editors and Sub-Editors• Freelance journalists (refer to specific condition 7.0 (b)• Student Journalists/Trainees• Foreign journalists

8.0 EVIDENCE REQUIRED BEFORE ACCREDITATION PROCESS• Employed Journalists shall be accredited upon providing the following• Letter from employer(after confirmation)• Freelance journalists shall be accredited upon fulfilling the following:• Submission of the work published in the past 6 months• Letter from institution they have worked for• Driving License/Pass port • Shall be assessed if they fail to produce any article• Student Journalist shall be accredited upon providing the following information• Letter from employer• Letter from training institution • A foreign journalist shall be accredited upon fulfilling the following• Verification through their embassies in collaboration with Ministry of Information

9.0 MINIMUM ACADEMIC REQUIREMENT FOR ACCREDITATIONIt shall not be linked to professional qualification BUT at least a minimum academic qualification ofMalawi School Certificate of Education (MSCE)

10.0 NUMBER OF CARDS ISSUED PER JOURNALISTONLY One card per person

11.0 ORGANISATION TO OVERSEE THE PRESS CARD SCHEMEMedia Council of Malawi shall be responsible for the scheme

12.0 ENDORSEMENT OF THE PRESS CARD CREDIBILITYMinistry of Information

13.0 WHO WILL CHECK CREDENTIALS OF APPLICANTS?MCM’s Membership and Accreditation Committee

14.0 VERIFICATION OF CREDENTIALSVerification of credentials shall be made through the employer together with letter of employment

15.0 SHALL THERE BE CODE OF PRACTICE TO WHICH ALL CARD HOLDERS SHALL ADHERE TO?The MCM Code of Ethics for Journalists in Malawi shall be used.

PRESS CARD SCHEME

PRESS CARD FEATURES The card shall have the following features:a)Front View i. PRESS CARD written on top in big lettersii. The front view shall carry the photograph of the bearer of the cardiii. Logo for MCMiv. Expiry date for the card

b) Back view i. The rear view shall carry space for two signaturesii. One space for the MCM NGC Chairpersoniii. The other space for the Secretary for Information/Director of Information

2.0 SECURITY FEATUREi. The card shall carry a hologramii. Members to discuss information to include in the hologram

3.0 FEES• Journalists shall be required to pay a subscription fee to cover the cost for production and delivery of

the Press Card (fee to be decided by MCM secretariat and approved by the Membership andAccreditation Committee)

• Card replacement shall be higher than the initial cost

4.0 FOREIGN JOURNALISTS ACCREDITATION FEE• MCM shall collect $100 as processing fee from foreign journalists while Ministry of Information shall

collect $50.The total amount for the accreditation of foreign journalist shall be $150

5.0 CARD LIFE SPANThe card shall expire after one year

6.0 SIZE OF THE CARD• PVC • Credit size identity card with details of the card holder• With a lanyard or clip (preference of the individual journalist)• SIGNATURE OF THE BEARER OF THE CARD• This shall be decided by journalists themselves

7.0 WHEN SHALL A CARD BE WITHDRAWN• The card shall be withdrawn when someone ceases to be a journalist or has been accused of miscon-

duct.

PRESS CARD PROCEDURE

Application Form

Assessment

Press Card

1st MCM Annual Report July 2007 - July 2008 3938 1st MCM Annual Report July 2007 - July 2008

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ANNEX 11: Details of the Rule and Procedures of Complaints and Procedures

Media Council of Malawi

ETHICS, COMPLAINTS AND DISCIPLINARY COMMITTEE

Complaints and Arbitration Procedure

These rules are made pursuant to Clause 9.1(ii) of the Constitution of the Media Council of Malawi and areintended to promote the Council’s Code of Ethics and Professional Conduct.

RULE 1

COMPLAINTS1. In these rules “Complainant” shall mean any person, legal or natural, association, body corporate, insti-

tution, organisation or society who/which shall lodge a complaint against any publisher for materialprinted or broadcast or for conduct against any media house, entity or practitioner.

2. “Respondent” shall mean any publisher of material whether printed or broadcast or any media house,entity or practitioner against whom a complaint has been lodged in respect of any published material orany alleged misconduct or breach of the Code.

3. A complaint shall be made as soon as possible, but not later than one month after the publication or thebroadcast of any material or any alleged misconduct or breach of the Code of Ethics and ProfessionalConduct.

4. The Executive Director may upon reasonable grounds accept a late complaint if in his/her opinion thereis a good and satisfactory explanation for the delay.

5. The complaint shall specify where and by whom the article was printed or broadcast, the date or time ofsuch printing or broadcasting and where possible quotations or cuttings of the offending material mustbe provided.

6. Where the complaint is for misconduct or alleged breach of the Code of Ethics and Professional Conduct,the name of the Respondent must be mentioned and the time when and, where applicable, the placewhere, the alleged misconduct or breach took place and, where possible, reference must be made to theprovision of the Code that has been breached.

7. The complaint shall be made to the Executive Director of the Media Council of Malawi either in person,or by telephone or in writing. “Writing” shall include cable, telex, fax and e-mail message. Where acomplaint is made other than in writing it shall be reduced in writing by the Council’s Secretariat.

8. Where the complaint is made against the Executive Director of the Media Council of Malawi or againstthe Ethics, Complaints and Disciplinary Committee, it shall be lodged with the Chairperson of theCouncil and where it is made against the Chairperson it shall immediately be referred to the Committeewithout any attempts by the Executive Director to resolve it.

9. Where the Executive Director declines to accept a complaint on any ground the complainant mayrequest the Chairperson of the Committee to review the Executive Director’s decision. In the event ofthe Chairperson overruling the Executive Director’s decision, the matter shall proceed in the same man-ner as any other matter provided that for purposes of calculating time for its determination, time will startrunning from the date of the Chairperson’s decision.

RULE 2

CONCILIATION PROCEDURE1. The Executive Director shall immediately upon receipt of a complaint transmit it to the Respondent who shall

be expected to comment on it within 14 days of its receipt. For purposes of this provision, a Respondent willbe deemed to have received the complaint within 7 days after it is sent through the post, immediately a trans-mission report is out, if sent through a fax and where it is sent through e-mail, immediately it shows that ithas been sent. For the avoidance of doubt, the maximum period within which a Respondent will be deemedto have received the complaint will be 7 days regardless of the manner of transmission.

2. The Executive Director shall allow the Complainant to comment on the Respondent’s response within 14days of the former’s receipt of the response.

3. The Executive Director shall hold discussions with the parties on an informal basis with the objective ofachieving a speedy settlement.

4. The Executive Director shall give his/her opinion to the parties as to the resolution of the dispute and ifthe parties accept this opinion it shall be binding on them as if it were the decision of the Committee.Where either party rejects the opinion, the matter shall immediately be referred to the Committee foradjudication and the parties shall be advised that they may bring witnesses at such hearing and in theevent that they want to furnish more written evidence, they must provide such evidence within 14 daysof the Executive Director’s decision to afford the Committee time to consider it.

6. Upon the matter being referred to the Committee for adjudication, the Chairperson of the Committeeshall determine a date, time and venue for considering the dispute which shall be within 14 days of thereceipt of such matter.

RULE 3

ADJUDICATION3.1 The Executive Director shall submit copies of the parties’ documents to the Chairperson of the

Committee.3.2. No further written material will be accepted from either party thereafter without the consent of the chair-

person.3.3. The Executive Director shall notify the parties of the date, time and venue at which the dispute will be

adjudicated. It shall not be obligatory for either party to appear personally before the Committee, but theyare entitled to attend and address the Committee. The Chairperson may however request the parties toappear personally. The Chairperson shall advise the parties that an adverse inference may be drawnfrom failure to comply with such request without good cause and, in case of a respondent, that costsmight be awarded against him/her.

3.4. The parties shall be entitled to legal or other representation when appearing before the Committee.3.5. If one or both parties appear before the Committee, the proceedings shall take the form of a round table

discussion and not a trial. There shall be no formal taking of evidence and no new material may be intro-duced at the meeting without the consent of the Chairperson acting on the advice of the Committee.

3.6. The proceedings shall be public unless the Chairperson rules otherwise3.7. The Committee shall deliberate over the issue and make its finding and give directions.

5.0 FINDINGS OF THE COMMITTEE5.1. The Executive Director shall cause any findings, reason for a finding and/or requirements of the

Committee to be sent to the complainant and to the respondent who shall carry out the Committee’sdirections to put into effect any decision which the Council may have taken.

5.2 The Committee may censure the offending party may direct that such party publishes the findings of theCouncil and an apology or retraction of the offending material within a prescribed period and where pos-sible in such conspicuous manner as the offending article itself may have been published.

5.3 There shall be no right of appeal against the decision of the Committee within the Media Council ofMalawi but parties are at liberty to pursue the matter in a court of law.

5.4 The Secretariat of the Media Council of Malawi shall in every year publish quarterly reports of caseshandled by the Committee.

1st MCM Annual Report July 2007 - July 2008 4140 1st MCM Annual Report July 2007 - July 2008

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ANNEX 11: Expression of Interest on Printing of Booklet on Code of Ethics and PVC Press Cards

Media Council of Malawi

REQUEST FOR EXPRESSION OF INTEREST (EOI) FOR PRINTING BOOKLETS,BROCHURES & PVC PRESS CARDSMedia Council of Malawi (MCM) is an independent, non-profit, non-political and self-regulatory media pro-fessional organisation with a mission to promote professionalism in the media industry by setting profession-al standards in the interest of the public in Malawi.In order to fulfill some of the activities outlined in its strategic plan, with financial support from British HighCommission (BHC) through the Department for International Development (DFID), MCM would like toengage the services of a book printer and PVC Press Card printer to undertake the following activities.

• Lot 1: Printing of Booklets on Code of Ethics for Journalists in Malawi, with the following specifications.– 10cm x 14.5cm– Design and printing by printer– Bond Paper inside– Gloss art 250 gsm (cover)– Cover in colour– 20 pagers including cover– Saddle Stitching– Quantity: 1,000 booklets

• Lot 2: Printing of Brochure on Complaints and Arbitration Procedures – Design and production by printer – Colour printing– Gloss art 165 gsm– Text provided– Quantity: 2,000

• Lot 3: Printing of Brochure on Press Card and Accreditation Procedures– Design and production by printer– Colour printing– Gloss art 165 gsm– Text provided– Quantity :2,000

• Lot 4: Printing of Brochure of abridged version of Code of Ethics – Design and production by printer– Gloss art 165 gsm– Colour printing– Text provided– Quantity: 2,000

• Lot 5:Printing PVC Press Cards, with the following specifications– PVC ID Cards– Design and Artwork– Card Production

Holder (Card with Lanyard and with Clip quoted separately)– With photography– Laminated– Text in front and rear– Space for Logo – Space for 2 Signatures (back side)– Hologram provided

Interested firms must submit an Expression of Interest showing amount of money charged to carry out theactivity including eligibility to perform the service (description of similar assignments, experience in similarservices and availability of appropriate skills among key staff etc).

In assessing submissions, consideration will be given to the technical competence of the firm, experience ofthe firm in undertaking similar assignments and capacity in all respects to carry out the assignment.

Only a firm with demonstrated experience and good track record in similar assignments will be considered forthe assignment.Submissions in sealed envelopes clearly marked “Expression of Interest for Printing Booklets on Ethicsand Press Cards” must be addressed to the address indicated below:The Chairperson Internal Procurement Committee Media Council of Malawi Bata Building, Top FloorP/Bag A51Lilongwe Tel: 01 752 722Fax: 01 752 442Email: [email protected] date for the receiving of Expressions of Interest is 11th July 2008 at 17:00hours local time.

ANNEX 12: Details of the Rule and Procedures of Complaints and Procedures

Media Council of Malawi

ETHICS, COMPLAINTS AND DISCIPLINARY COMMITTEEComplaints and Arbitration (Procedure) Rules These rules are made pursuant to Clause 9.1(ii) of the Constitution of the Media Council of Malawi and areintended to promote the Council’s Code of Ethics and Professional Conduct.

RULE 1

1.0 COMPLAINTS1. In these rules “Complainant” shall mean any person, legal or natural, association, body corporate, insti-

tution, organisation or society who/which shall lodge a complaint against any publisher for materialprinted or broadcast or for conduct against any media house, entity or practitioner.

2. “Respondent” shall mean any publisher of material whether printed or broadcast or any media house,entity or practitioner against whom a complaint has been lodged in respect of any published material orany alleged misconduct or breach of the Code.

3. A complaint shall be made as soon as possible, but not later than one month after the publication or the broad-cast of any material or any alleged misconduct or breach of the Code of Ethics and Professional Conduct.

4. The Executive Director may upon reasonable grounds accept a late complaint if in his/her opinion thereis a good and satisfactory explanation for the delay.

5. The complaint shall specify where and by whom the article was printed or broadcast, the date or time of suchprinting or broadcasting and where possible quotations or cuttings of the offending material must be provided.

6. Where the complaint is for misconduct or alleged breach of the Code of Ethics and Professional Conduct,the name of the Respondent must be mentioned and the time when and, where applicable, the placewhere, the alleged misconduct or breach took place and, where possible, reference must be made to theprovision of the Code that has been breached.

7. The complaint shall be made to the Executive Director of the Media Council of Malawi either in person,or by telephone or in writing. “Writing” shall include cable, telex, fax and e-mail message. Where a com-plaint is made other than in writing it shall be reduced in writing by the Council’s Secretariat.

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8. Where the complaint is made against the Executive Director of the Media Council of Malawi or againstthe Ethics, Complaints and Disciplinary Committee, it shall be lodged with the Chairperson of theCouncil and where it is made against the Chairperson it shall immediately be referred to the Committeewithout any attempts by the Executive Director to resolve it.

9. Where the Executive Director declines to accept a complaint on any ground the complainant may requestthe Chairperson of the Committee to review the Executive Director’s decision. In the event of theChairperson overruling the Executive Director’s decision, the matter shall proceed in the same manneras any other matter provided that for purposes of calculating time for its determination, time will startrunning from the date of the Chairperson’s decision.

RULE 2

CONCILIATION PROCEDURE1. The Executive Director shall immediately upon receipt of a complaint transmit it to the Respondent who

shall be expected to comment on it within 14 days of its receipt. For purposes of this provision, aRespondent will be deemed to have received the complaint within 7 days after it is sent through the post,immediately a transmission report is out, if sent through a fax and where it is sent through e-mail, imme-diately it shows that it has been sent. For the avoidance of doubt, the maximum period within which aRespondent will be deemed to have received the complaint will be 7 days regardless of the manner oftransmission.

2. The Executive Director shall allow the Complainant to comment on the Respondent’s response within 14days of the former’s receipt of the response.

3. The Executive Director shall hold discussions with the parties on an informal basis with the objective ofachieving a speedy settlement.

4. The Executive Director shall give his/her opinion to the parties as to the resolution of the dispute and ifthe parties accept this opinion it shall be binding on them as if it were the decision of the Committee.Where either party rejects the opinion, the matter shall immediately be referred to the Committee foradjudication and the parties shall be advised that they may bring witnesses at such hearing and in theevent that they want to furnish more written evidence, they must provide such evidence within 14 daysof the Executive Director’s decision to afford the Committee time to consider it.

5. Upon the matter being referred to the Committee for adjudication, the Chairperson of the Committeeshall determine a date, time and venue for considering the dispute which shall be within 14 days of thereceipt of such matter.

RULE 3

ADJUDICATION3.1 The Executive Director shall submit copies of the parties’ documents to the Chairperson of the

Committee.3.2. No further written material will be accepted from either party thereafter without the consent of the chair-

person.3.3. The Executive Director shall notify the parties of the date, time and venue at which the dispute will be

adjudicated. It shall not be obligatory for either party to appear personally before the Committee, but theyare entitled to attend and address the Committee. The Chairperson may however request the parties toappear personally. The Chairperson shall advise the parties that an adverse inference may be drawn fromfailure to comply with such request without good cause and, in case of a respondent, that costs might beawarded against him/her.

3.4. The parties shall be entitled to legal or other representation when appearing before the Committee.3.5. If one or both parties appear before the Committee, the proceedings shall take the form of a round table

discussion and not a trial. There shall be no formal taking of evidence and no new material may be intro-duced at the meeting without the consent of the Chairperson acting on the advice of the Committee.

3.6. The proceedings shall be public unless the Chairperson rules otherwise3.7. The Committee shall deliberate over the issue and make its finding and give directions.

4. FINDINGS OF THE COMMITTEE4.1 The Executive Director shall cause any findings, reason for a finding and/or requirements of the

Committee to be sent to the complainant and to the respondent who shall carry out the Committee’sdirections to put into effect any decision which the Council may have taken.

4.2 The Committee may censure the offending party may direct that such party publishes the findings of theCouncil and an apology or retraction of the offending material within a prescribed period and where pos-sible in such conspicuous manner as the offending article itself may have been published.

4.3 There shall be no right of appeal against the decision of the Committee within the Media Council ofMalawi but parties are at liberty to pursue the matter in a court of law.

4.4 The Secretariat of the Media Council of Malawi shall in every year publish quarterly reports of caseshandled by the Committee.

ANNEX 13: Revised Media Code of Ethics

Media Council of Malawi

The Media Council of Malawi Code of Ethics and Professional Conduct

PREAMBLEACKNOWLEDGING that the media play a key role in any democratic state and is one of the pillars uponwhich democracy rests;NOTING that journalists have as their primary function, the duty to inform the public accurately and to com-ment fairly on matters of public concern without fear or favour and that such duty is fundamental to the exis-tence, sustainability and development of any democratic state;RECOGNISING that journalists have a duty to maintain the highest possible professional and ethical stan-dards in the discharge of their day-to-day duties;REALISING that failure by journalists to maintain and observe such professional and ethical standards bringsthe integrity and impartiality of the media into disrepute;APPRECIATING that it is necessary and desirable that basic standards of conduct which journalists shouldfollow, be prescribed and published for the awareness of journalists themselves and the public at large;AND NOTING FURTHER that the independence of journalists and their operations based on an ethicalframework can only be guaranteed by a self-regulatory mechanism and institution;THE MEDIA COUNCIL OF MALAWI at its meeting held from……………………at……………adoptedthis Code of Ethics and Professional Conduct for Journalists in Malawi

CHAPTER ONE: THE INDIVIDUAL JOURNALIST

1.1 Self-Representation: A journalist has the responsibility to provide the public with accurate information.He/she shall also conduct him/herself with propriety at all times when performing his/her duties.

1.2 Dress: A journalist shall dress decently and observe etiquette as the situation demands.1.3 Interviews: Since it is not an obligation for any person, public or otherwise, to talk to journalists, sources

must be informed that they are being interviewed for a story and a journalist shall not insult abuse or oth-erwise embarrass interviewees. Interviewees shall be at liberty to put restrictions on what is to be pub-lished as well as what is to be attributed to them.

1.4 Language: A journalist shall conduct an interview in a language the interviewee is competent in andmay, where necessary arrange for an interpreter..

1.5 Conflict of Interest: A journalist shall not associate with situations that will bring a conflict of interestwith his/her profession.

1.6 Policy: A journalist shall observe the editorial policy of the media house for which he/she is working.1.7 Cheque - Book Journalism: A journalist shall not demand or accept payment in order to include or

exclude material on a story he/she is writing.

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CHAPTER TWO: THE JOURNALIST’S WORK2.1 Material: All material produced by journalists shall be credible, balanced, fair and verifiable to all sides.

In the same vein, headlines should reflect the gist of the story to avoid misleading the audience.Unwarranted distortion and speculation should be avoided, as should discriminatory and inflammatorylanguage, slants involving racism, tribalism, religion, etc.

2.2 Distinction in Presentation: A journalist shall avoid traumatizing shocking or obscene pictures as muchas possible. Pictures must be used appropriately, not for the sake of sales promotion. A journalist shallnot publish pictures that infringe on individuals’ right to privacy..

2.3 Quotations: Quotations must be accurate.

CHAPTER THREE: GENERAL PRINCIPLES AND ISSUES3.1 Accuracy: A journalist shall strive for accuracy and thoroughness in the writing and reporting of news.3.2 Pictures: A journalist shall ensure that picture relate to the story.3.3 Plagiarism: A journalist shall avoid plagiarism.3.4 Correction: Whenever it is recognized that a significant inaccuracy, misleading statement or distorted

report has been published, it should be corrected promptly and with due prominence and an apology pub-lished whenever appropriate.

3.5 Objectivity: In reporting news, a journalist shall strive for objectivity.3.6 News and Opinions: A journalist shall distinguish clearly between news reports, speculation and expres-

sions of opinion.3.7 Headlines: News headlines should be fully warranted by the contents of the articles they accompany.

Photographs and broadcasts must give an accurate representation of an event.3.8 Balance and Fair Play:

(i) A journalist shall make every reasonable effort to present all sides of the story.(ii) A fair opportunity for reply should be given to organizations or individuals.

3.9 Advertising: Advertisements and public announcements shall be accurate and clearly distinguishablefrom news items.

3.10 The law and the Journalist: In reporting matters that involve or may involve litigation; (a) a journalist shall avoid practices which would tend to interfere with the right of an individual to a

fair trial.(b) A matter that is pending court decision must not be commented on in a manner that would prejudice

the outcome.3.11 The right to Know: While facilitating the public’s right to know, a journalist shall observe the follow-

ing limits:(i) A journalist has an obligation to protect confidential sources of information.(ii) A journalist shall not identify victims of sexual assault or publish material likely to contribute to such

identification unless, by law, he/she is at liberty to do so. Similarly, a journalist shall not, even wherethe law does not prohibit it, identify children under the age of 13 who are involved in cases concern-ing sexual offences, whether as victims, witnesses or defendants.

(iii)A journalist shall avoid prejudicial or pejorative reference to a person’s race, colour, ethnic origin,religion, sex or sexual orientation or to any physical or mental illness or handicap unless such refer-ence is relevant to the story.

(iv) A journalist shall generally not obtain or seek to obtain information or pictures through misrepresen-tation or subterfuge unless it can be justified that such materials cannot be obtained by any othermeans.

(v) A journalist shall generally avoid identifying relatives or friends of persons convicted or accused ofcrime, unless the reference to them is necessary for the full, fair and accurate reporting of the crimeor legal proceedings.

CHAPTER FOUR: RELATIONSHIP WITH THE PUBLIC AND OTHER JOURNALISTS4.1 Chance of Reply: The public and institutions should be given the opportunity to reply to statements

made about them in the media.4.2 Privacy: A journalist shall respect the individual’s private life without intrusion or harassment.4.3 Transparency: A journalist shall strive for transparency at all times.

CHAPTER FIVE: MEDIA HOUSES5.1 Dress: Media houses shall ensure that all journalists in their employ are properly dressed.5.2 Policies: Media houses shall ensure that their editorial policies are not in conflict with media ethics.5.3 Cheque-Book Journalism: Media houses shall not demand any financial inducement in order to pub-

lish or exclude material from publication.5.4 Refutals:

(a)Media houses may publish refutals as long as they are meant to clarify the issue at stake.(b)The medium that published the story that is being refuted may run the refutal free of charge.(c)Media houses have the liberty to comment on any refutal.

5.5 Media Relationship: Media houses shall foster relations, exchange of ideas, debate and discussionamong themselves.

CHAPTER SIX: ENFORCEMENT OF THE CODE6.1 Any infringement of any of the provisions of this Code shall constitute an act of professional misconduct. 6.2 The Ethics, Complaints and Disciplinary Committee of the Media Council of Malawi shall be responsi-

ble for enforcing the observance of this Code. 6.3 Upon receipt of a complaint against a journalist or media house, the Ethics, Complaints and Disciplinary

Committee shall proceed in accordance with its Complaints and Arbitration (Procedure) Rules.Provided that the said Committee shall have regard to the rules of natural justice and shall not prejudicethe right of a journalist to seek recourse in a court of law.

ANNEX 14: Report on Investigation into the Allegations Against Journalists

Media Council of Malawi

1.0 BACKGROUND INFORMATION • On 6th June 2008, Media Council of Malawi secretariat received a letter from the National Media

Institute of Southern Africa -NAMISA, where they expressed concern over the conduct of MalawiBroadcasting Corporation.

• The letter stated that MBC had carried a news bulletin in which it was alleged that journalists work-ing for other media houses were being financed by the United Democratic Front (UDF) to write neg-ative stories about government and positive stories about the opposition parties in Malawi.

• In view of the above therefore, the letter requested Media Council of Malawi to intervene over theissue since according to NAMISA’s view the matter was ethical in nature.

• However, before the issue erupted, the Executive Director of Media Council of Malawi paid courtesycalls to the two state broadcasters in Malawi namely Malawi Broadcasting Corporation (MBC) andTelevision Malawi (TVM) on Monday, 21st April 2008.

2.0 OUTCOME OF THE COURTESY CALLS ON MBC AND TVM

2.1 The Malawi Broadcasting Corporation (MBC)2.1.1 At MBC the MCM Executive Director, Mr Chiyamwaka met the Deputy Director General of

the state broadcaster Mr Bright Malopa. Among several issues discussed during this meetingone of them touched on the controversial programmes namely Makiyolobasi and Mizwanya.The following is what transpired (the DDG) reported during the meeting:2.1.1 MBC’s needs funding for coverage of the electoral process2.1.2 MBC needs funding for production of social programmes2.1.3 With the norminal MK 1.00, MBC has shifted attention to survival from their legiti-

mate duty of public interest. The public has suffered because they have resorted tosponsored programmes which are not of public interest. Consequently, public inter-est and opinion at MBC is fast eroding. In the next 12 months this will be worse.

2.1.4 “Let them give us money and they should monitor us”2.1.5 The work environment is not good and therefore affecting desired behaviours that

enhance and sustain good staff performance

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2.1.6 It is very dangerous to leave a broadcasting station like MBC which broad-casts to over 80 percent of the population to make its own rules. (Apparentlyreferring to Parliament’s withdrawal refusal to fund MBC as an act of ‘neg-lect’.

• About the controversial programmes, the Deputy Director General said that MBC can remove the pro-grammes if the National Assembly was ready to approve the institutions budget.

2.2 Malawi Television Limited (TVM)2.2.1TVM’s Chief Editor who was also producer and presenter of Mizwanya, reported that they had removed

one of the controversial programmes in its programming namely Mizwanya following a meeting the insti-tutions Direct General and himself had with the Human Rights Commission.

2.2.2The Deputy Director, Mrs Chimwemwe Banda indicated that the nominal figure on K1.00 allocated bythe National Assembly in the 2007/2008 fiscal year had adversely affected operations of the televisionstation in a number of ways: 2.2.2.1 Their expansion programme across the country had come to a halt2.2.2.2 Failure to maintain or repair and procure new equipment. Fifteen cameras, a set of transmitters,

studios, and other equipment lies unrepaired.2.2.2.3 They have serious transport problems because they are using an old fleet.2.2.2.4 Vacancies particularly those of cameramen and engineers not filled until now.Finally according to the assessment by the Executive Director of MCM, Mr. Chiyamwaka TVM seemsthey can co-operate and change their stance.

3.0 INVESTIGATIONS BY MEDIA COUNCIL OF MALAWI INTO NAMISA’S CONCERN/ REFER-RAL CASE OF MBC’S CONDUCTFollowing the request from NAMISA to intervene in the issue as regards MBC’s conduct, MCM firstinstituted an investigation to establish the facts of the matter. Mr. Samson Nkhono as the MBC’sController of News was first contacted to establish the programme in which the news item in questionwas carried. The secretariat also wanted to find out more about the content of the news item.

3.1 Mr. Nkhono reported that he was no longer the Controller of News having been transferred toMBC’s Research Unit in Chitawira Township. He therefore said that he could not commentmuch over the issue. Instead he referred the matter to Mr. Chipofya at the broadcasting house.

3.2 When Mr Chipofya was contacted he could not say much on the issue because, he indicatedthat he was on holiday. Hence, he referred the issue to Mr. Vincent Khonyongwa who has notsaid anything substantive over the matter until today.

3.3 On 9th June 2008, the MCM secretariat received a copy of a letter Capital FM had written toMBC complaining over the same news clip. The secretariat contacted Capital FM’s Controllerof News and Current Affairs Mr. Augustine Mulomole to get more details about the issue.

3.4 Mr Mulomole indicated that Capital FM was keeping a clip of the news item in question fromMBC. The secretariat was further informed that Capital FM had written a letter to MBCrequesting the state broadcaster to retract the story in its entirety or failing which the matterwould be referred to MCM for redress.

3.5 Mr Mulomole was also requested if he could send the copy of the news clip on CD to MCM.The MCM Secretariat got the CD containing the news clip and other letters from Capital FMon13th June 2008.

3.6 The news clip alleges that UDF party intends to get audio tapes of the country’s former headsof state, starting with late Dr H. Kamuzu Banda, Dr Bakili Muluzi and the incumbent DrBingu wa Mutharika from the libraries of MBC and Ministry of Information with the aim ofusing them as one way of sprucing up UDF’s battered image.

3.7 Few weeks after the incident mentioned above had occurred, Minister of Information andcivic Education, Honourable Patricia Kaliati, in the company of Democratic People’s PartyPublicity Secretary Honourable Nicholas Dausi held a press conference at Central Office ofInformation (COI) in Lilongwe. During the press conference the minister alleged that she hada list of journalists working for different media houses but on opposition party’s pay roll who

have been hired to write negative stories about DPP led government.3.8 Following up the allegations made by the honourable minister, the Executive Director of MCM,

called the Honourable Minister to verify the issue and ask her if she could provide him with thelist of names of the journalists alleged to be employed by UDF for that purpose. The Ministerpromised to send the list by e-mail the same day but this never happened in spite of two reminders.

3.9 The Executive Director further contacted the Director General of MBC Mr. Patrick Khoza onTuesday, July 1, 2008, on the phone, informing him that MCM was investigating the issue ofMBC’s news bulletin which alleged the deployment of journalists to carry out clandestine dutiesfor the UDF and therefore requested him to provide information that could substantiate the alle-gations. Coincidentally, Hon Kaliati later, after a few days referred MCM’s ED to MBC’s DDG.The Director General was very cooperative, he promised to send information supporting theallegations made by the honourable minister to MCM. He fulfilled his promise by personallysending the documents to MCM under confidential cover. However, it turned out that the doc-uments were copies of the same documents that Capital FM had sent earlier.

4.0 COMMENTS AND OBSERVATIONS FROM OTHER MEDIA PROFESSIONALS 4.1 Writing on My Turn Column in the Nation Newspaper of 27th June 2008, Dean of Journalism,

Media Studies and Education at the Polytechnic Mr Grey Mang’anda put forward his sugges-tion that they best way for Makiyolobasi to get a nationwide approval is to simply balance up.The programme should satirise shortcomings of UDF leader Dr Bakili Muluzi, MCPPresident John Tembo and incumbent president Dr Bingu wa Mutharika.

4.2 His second suggestion was for the opposition parties to fight for the change of the laws cur-rently governing country’s public media i.e Communications Act.

4.3 Mr Edward Chitsulo from Nation Publication Limited recently also suggested in the mediathat the best solution to the current problems facing the public media was to change laws gov-erning public media in Malawi.

4.4 Other professionals feel it is difficult to call for the disciplining of Joy Radio when MBC isdoing the same.

5.0 FINDINGS FROM OTHER VARIOUS SOURCES INCLUDING JOURNALISTSA separate report on this is being worked out and once completed will be integrated into these findings.Information available is mostly based on speculation and therefore needs verification.

6.0 OVERALL ASSESSMENT OF MCM6.1 The nature of programming at MBC is a reflection of deep seated problems which has gripped

the state broadcaster for some years now. This problem could be traced way back during the timewhen late Dr. Chakufwa Chihana quit government as the 2nd vice president of Malawi and movedhis party out of collation with UDF in the late 1990’s. It did not take long before MBC began sat-irizing the speeches he made while in government. Therefore this art and creativity of comingup with satirical programmes using people’s voices is not only getting advanced but is also get-ting the producers are becoming more ingenious with time at MBC. Unfortunately, it appearsthat this has now been entrenched in the employee’s mind at MBC as the order of the day.

6.2 The fact remains that propaganda currently being churned at MBC and Joy radio is a mani-festation of the political conflicts going on between Democratic Peoples’ Party (DPP) andUnited Democratic Front (UDF). Consequently some of the programmes at MBC are clut-tered with propaganda news on one hand and Joy Radio on the other has filtered all its pro-grammes with political issues as away. The fact that we have not heard any complaints fromthe public, civil society, faith based organisations and other stakeholders against other mediahouses attests to the fact that the two broadcasters are engaged in a propaganda war.

6.3 The allegations that the honourable Minister of Information and Civic Education made atPress conferences and news bulletin are difficult to substantiate because documents used assources are not adequately authentic as pointing to evidence about authorship and originality.

6.4 To date, no one has managed to forward a list of names of journalists alleged to be on theopposition party’s pay roll.

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7.0 IMPLICATIONS9.1 The public broadcasters and Joy Radio station have turned themselves into propaganda tools

for political parties and politicians.9.2 The media houses in question have shifted from their legitimate duty as representatives of

public opinion and interests. They have chosen to abdicate their legitimate responsibility inas far as principals governing their profession namely informing the public with neutrality,objectivity, balance, truth and fair comment are concerned.

9.3 What we see at display now is the unethical media practice in spite of the fact that the mediahouses being talked about have a pool of admirable and skilful journalists. The journalists arenow preoccupied with issues that aim at disseminating campaign messages of their politicalmasters and parties.

8.0 CONCLUSION MCM secretariat has noted that problems affecting the public media houses are multifaceted and deepseated. They are a reflection of a need for an overhaul with regard to the institutions legal frameworksto reflect the current democratic dispensation. However these problems call for concerted efforts fromdifferent stakeholders for a lasting solution namely the MACRA, MCM, Ministry of Information, politi-cians, management and staff from the media houses themselves etc. Above all, appropriate amendmentsto the Communications Act that governs the state controlled broadcasters are desirable as way of resolv-ing differences that exists between the opposition and the government regarding TVM and MBC. Theseare long term strategic solutions.

Several civil society organisations like NAMISA, the Human Rights Commission and religious bodiessuch the Roman Catholic Church and the Malawi Electoral Commission have issued statements againstpropaganda and satirical programmes at MBC and TVM condemning them and advising the two broad-casters to stop airing the programmes. However, the situation has only worsened with more ingenuityand adept being employed as the programmes are more reinforced.

MACRA’s efforts to summon MBC, TVM and Joy Radio have been futile. MBC and Joy attended meet-ings when MACRA summoned them but MBC absconded.

Meanwhile, there is an outcry from the public and stakeholders that MCM which is a self – regulatorybody for the media should find ways of resolving the issues raised in this report. There is a big gap thatneeds to filled particularly regarding the media wars happening between MBC and Joy Radio which isworsening by day as we are nearing the 2009 Presidential and Parliamentary Elections.

The Malawi Electoral Commission (MEC) has not only shown interest for MCM to come in and facili-tate dialogue but has also approached MCM to provide support in regulating the media during the elec-tions and especially to facilitate dialogue on the issues of MBC, TVM and Joy Radio.

The National Governing Council was informed about these investigations at their last meeting in Juneand they advised it be looked at by the Ethics, Complaints and Disciplinary Committee. The issue is thusherewith submitted to the Committee for determination on the way forwardBaldwin Chiyamwaka.Executive Director Media Council of Malawi

ANNEX 15 Report on the Outcome of Roundtable Discussions by Ethics, complaints andDisciplinary Committee with TVM, Joy Radio and MACRA.

Media Council of Malawi

INTRODUCTIONThe Media Council of Malawi’s Ethics, Complaints and Disciplinary Committee held roundtable discussionswith three media houses on 31st August 2008 in Blantyre at Sunbird Mount Soche Hotel. This report therefore,is the outcome of the proceedings of the discussions. The media houses met on this day were namely,Television Malawi (TVM), Joy Radio Station and Malawi Communications and Regulatory Authority(MACRA). However Malawi Broadcasting Cooperation (MBC) sent an apology last minute.

REPORT ON MEETING BETWEEN MCM ETHICS, DISCIPLINARY AND COMPLAINTS COM-MITTEE AND TELEVISION MALAWI HELD ON 31st JULY 2008 AT SUNBIRD MOUNT SOCHEHOTEL, BLANTYRE

Members Present• Mr Alaudin Osman, Ethics Complaints and Disciplinary Committee Member• Mrs Joice Ng’oma, Ethics Complaints and Disciplinary Commitee Member• Professor Wiseman Chijere Chirwa, Ethics, Complaints and Disciplinary Commitee Member

TVM Representative • Mrs Chimwemwe Banda, Deputy Director General, Television Malawi

Apologies• Mr Ian. Malera, Ethics, Complaints and Disciplinary Committee Member

1.0 INTRODUCTORY REMARKS1.1 Mr Osman asked Mrs. Joice Ng’oma to open the round table discussion with a word of prayer at 10:05 am.

Mr A. Osman sitting in for t he Chairperson of Ethics, Complaints and Disciplinary Committee, RetiredChief Justice Leonard Unyolo welcomed all the members present and thanked them for coming to the meet-ing. He informed members that the Chairperson had recused himself from the discussion with TVM due tosome reason. However he had indicated that would be joining the rest of the members in the subsequentmeetings. On behalf of the Chairperson, Mr A. Osman acknowledged the absence of the Executive Directorof MCM, Mr. Baldwin Chiyamwaka, who would have been in the meeting but was away attending a funer-al of his in-law, late Honourable H. Gadama in Ntchisi. He therefore asked Mr Eric Mcheka from MCM sec-retariat to convey the committee’s sympathies to the Executive Director for the bereavement.

2.0 BACKGROUND INFORMATION2.1 Mr. A. Osman opened the discussion by saying that there have been concerns raised about the con-

duct of media in the country. According to Mr. Osman these concerns have been raised by differentstakeholders, like Malawi Electoral Commission (MEC), Catholic Church through their recent pas-toral letter and the public as a whole. He said that such concerns were a reflection of the trust peopleput in media. For instance he said that people are looking forward to being served by the media in theforthcoming general elections. In spite of such trust in the media, he pointed out that there were somemedia programmes which were causing controversy in the nation as already indicated above by otherstakeholders.

2.2 Turning to MCM, he said that the organisation has a committee called Ethics, Complaints andDisciplinary, whose mandate is to arbitrate over issues between media and the public. He said in a sit-uation where the media house has been found to be in the wrong, the media house shall be asked toput a correction or retracting the story. However, where the complainant is not satisfied with thejudgement, one would be free to take the matter to other forums for redress.

2.3 The rationale by MCM in putting the Committee was to get disagreeing parties together talking beforeresorting to courts for redress.

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2.4 It was against this background that the Chairperson of the Ethics, Complaints and DisciplinaryCommittee decided to call for a roundtable discussion to play some sort of an advisory role as regardsconcerns that had been raised between media and the public.

2.5 Getting to the agenda of day’s session, Mr Osman said that it was not an arbitration session, rather aroundtable discussion. He pointed out that the meeting had been called to see how best the concernsthat had been raised could be resolved amicably. He therefore said that he expected all the membersincluding Mrs C. Banda, the Deputy Director General of TVM to feel free and discuss the issues ami-cably.

3.0 PROCEEDINGS OF THE DISCUSSION3.1 The committee observed that there are programmes on TVM that have been raising concerns in the

nation. However, Mr Osman was quick to mention that the discussion should not be construed as oneaimed at stopping the media or TVM from having powerful programmes rather the main focus of thediscussion would centre on the ethical presentation of the programmes.

4.0 RESPONSE BY DEPUTY DIRECTOR GENERAL OF TELEVISION MALAWI The Deputy Director General reported to the committee the following:

4.1 NAMISA had called for a meeting with media houses including TVM at the same MountSoche Hotel a couple of months ago, where similar concerns about some programmes onTVM had been raised.

4.2 She indicated it was the fourth month (July) since TVM had stopped beaming KuganiziraDziko Lathu programme. However she informed the committee that the programme willcome back on air but in a much more balanced manner.

4.3 She reported that TVM would becoming up with a new programme called Zenizeni Nziti orInsight to be anchored by Patrick Kamkwatira. It was reported that the programme wouldfocus on matters of national interest.

4.4 The programme would be presented in similar fashion like BBC’s Hard Talk. There shall betwo or three panellists in one programme

4.5 The programme shall come out every Sunday from 7:15pm to 8:00 pm with some repeats atdesignated times and it will be bilingual (English and Chichewa)

4.6 The committee was further informed that two parliamentarians namely Minister of Finance,Honourable Goodall Gondwe (DPP) and UDF’s Friday Jumbe would feature in the first pro-gramme.

4.7 Apart from politicians, the programme shall also feature prominent people in our nationincluding those from NGO’s and other organisations.

5.0 CHALLENGES TO THE PROGRAMMEIn spite of being anchored by a non-partisan personality, the DDG observed that hosting the programmescould come with its own challenges.5.1 For instance she observed it would be a challenge to have interviewees from both government

and opposition in the same programme. She said that she could foresee resistances from otherpanellists to feature together in the same programme due to their differences in political affil-iations.

5.2 As regards the anchor of the new programme, the deputy directors reported that MrP.Kamkwatira is regarded as one of the good critics in the nation with vast experience inmedia.

6.0 BIASNESS BY TVMOn allegations that TVM does not cover political rallies by opposition, let alone allow opposition politi-cians to be interviewed on the state television.6.1 The Deputy Director General said, there has never been any external influence either from a

political party or government for TVM not to interview members from opposition parties. Ifanything it was pointed out that it is done out of self-censorship.

7.0 STOPPAGE IN COVERAGE OF LIVE PARLIAMENTARY PROCEEDINGS7.1 She said that she had also read in a newspaper that there would be no live coverage of parlia-

ment by TVM (from July 2008). She took advantage of the question and enlightened themembers on the following: i. One DVCAM recording tape cost MK12, 000.00 (for 2 ? hours) and one parliamen-

tary sitting takes 6-7 tapes. ii. Some members of staff from Kwacha Studios go to Lilongwe to beef up the staff in

Lilongwe office, hence allowances are needed.iii. Live football coverage is equally expensive because it involves buying TV rights to

beam the game live on TV. iv. It is expensive to undertake the activities above with a normal budget of K1.00

National Assembly approved for TVM in the 2007/08 fiscal year.

8.0 IMPACT OF THE NORMINAL BUDGET OF K1.008.1 Lack of adequate financial resources has equally affected TVM. At the head office i n

Blantyre only one vehicle has been allocated to operations and the station has an old fleet ofvehicles.

9.0 ECONO PLUS PROGRAMME9.1 She reported that ECONO Plus programme has not been on air for some time now. She

informed the members that the programme was aimed at civic educating the nation on dif-ferent national issues.

10.0 COVERAGE OF 2009 GENERAL ELECTIONS10.1 She said that TVM was ready to level the play field for all the political parties.

She said opposition political parties are free to come and pick TVM crew for the coverage oftheir functions when the campaign period opens.

10.2 The DDG requested the committee to help TVM in advocating for the passing of its budgetallocation for the 2008/09 fiscal year in Parliament. She observed that it will be good forNational Assembly to pass their budget allocation this year and monitor them later.

11.0 RESPONSE BY MCM11.1 The committee congratulated TVM for their consideration in ensuring that Kuganizira Dziko

Lathu comes back in a more encompassing and balanced manner.11.2 On Insight/Zenizeni Nziti Programme MCM observed that having two intervieweestogether

in one programme would ensure balance than having each one of them at different sessions. 11.3 Another solution to ensure balance and fairness would be to hold two programmes then fol-

low them with one with two experts who can react to the issues raised in thefirst two pro-grammes.

11.4 The best way for TVM to ensure balance would be to have the interviews in the same pro-gramme to avoid monologue.

11.5 MCM observed that Insight/Zenizeni Nziti programme would need a lot ofcreativity by theanchor himself to ensure that facts and not opinions are unearthed from the interviewees.

11.6 MCM observed that much as Mr P. Kamkwatira (the anchor of Zenizeni Nziti) was a reputedgood critic and non-partisan it would still be necessary for TVM to give him guidance sincepeople expect the state television to exercise balance and fairness in their programmes. Andas an individual he should be told that even his credibility will also be at stake.

11.7 MCM proposed if the Insight programme could carry a third person as a discussant. The thirdperson should be somebody who knows the subject fairly well.

11.8 MCM observed that it would be welcome if the interviewees in the Insight programme couldbe constructive in their answers. It would even be better if there answers would be backedwith research data. In other words it should be evidence and not opinion based programme.

11.9 MCM observed that ECONO Plus the programme was more of opinion based programmerather than evidence based.

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12.0 WAY FORWARD2.1 Mr A. Osman, sitting in for the Chair, thanked the Deputy Director General for coming to the

round table discussion. 2.2 He said that MCM’s Ethics, Complaints and Disciplinary Committee had taken note of the

new direction, programming had taken at the state television especially in trying to come upwith a balanced programme of Kuganizira Dziko Lathu.

2.3 MCM observed that the public broadcaster should not be used as a battle ground. It was observed that TVM as media institution has gota pool of qualified media professionals.

2.4 MCM urged the DDG take on board the advice offered by the committee2.5 Mr A. Osman as the sitting chair assured TVM of support from MCM and urged the DDG

that such meetings should not be reactionary. He said that if there are emerging issues TVMshould fee free to approach MCM. He said that the committee is there not to accuse people,rather to bring sensibility and co-operation so that as nation we all can move together.

2.6 Mr Osman indicated that MCM will be informing the public of the change in the content ofKuganizira Dziko Lathu programme at TVM. And the committee will also be meeting withmembers of the Media and Communications Committee of Parliament.

REPORT ON MEETING BETWEEN MCM’S ETHICS, DISCIPLINARY AND COMPLAINTSCOMMITTEE WITH TEAM FROM JOY RADIO STATION AT SUNBIRD MOUNT SOCHEHOTEL ON 31st JULY 2008 FROM 11:10AM

Members Present • The Retired Chief Justice Leonard Unyolo, Chairperson Ethics, Complaints and Disciplinary Committee• Mr .A. Osman, Ethics Complaints and Disciplinary Committee Member• Mrs. Joice Ng’oma, Ethics Complaints and Disciplinary Commitee Member• Professor Wiseman Chijere Chirwa, Ethics Complaints and Disciplinary Commitee Member• Mr Tony Mita, Board Member, Joy Radio Station• Mr Peter Chisale, Station Manager Joy Radio Station • Mr Lloyd Zawanda, Director of Programmes, Joy Radio Station

ApologiesMr I. Malera, Ethics Complaints and Disciplinary Committee Member

1.0 INTRODUCTORY REMARKSThe Chairperson of Ethics, Complaints and Disciplinary Committee Retired Chief Justice L.Unyolocalled the discussion to order at 11:10am.He thanked the team from Joy radio station for availing them-selves to the meeting in spite of their busy schedule. He said that his committee was not taking their pres-ence for granted. The chairperson introduced members of Ethics, Complaints and DisciplinaryCommittee and he asked Mr P. Chisale, the station manager from Joy radio station to introduce membersof his entourage.

The chairperson informed Joy radio that the team before them were members of the MCM Ethics,Complaints and Disciplinary Committee. He further said the committee had called the discussion so thatthey could share some of the concerns raised by MEC, the Catholic Church, opposition politicians, gov-ernment and members of the public. The team from Joy radio station was further informed that the roundtable discussion was a friendly one. He added that the committee was not accusing any media house andhence the gathering should not be treated as arbitration exercise.

2.0 BACKGROUND INFORMATION The chairperson introduced the subject of the discussion by saying that there were some concerns thathad been raised about media in the country. He said the concerns were over the use of inflammatory lan-guage in media. He said that such vitriolic language could lead to violence. And in this respect, he notedthat there were some programmes on some radio stations that were using inflammatory language. He

added that there were some fears that if the state of affairs continued unresolved, would affect the smoothrunning of general elections next year. However he noted that Malawi has been known as a country ofunited people.

2.1 He went on to add that part of the mandate of MCM is to ensure that media houses adhere tothe highest possible standards of media professionalism. Additionally MCM also providesarbitration mechanism when disputes arise between the public and the media. It was thereforeagainst that background MCM had called for the discussion with Joy radio station so that theycould discuss matters related to some radio programmes in a free and friendly atmosphere andfor the good of the people and the country.

13.0 PROCEEDINGS: MCM NOTED THE FOLLOWINGMembers thanked the team from Joy radio station for coming along to the meeting with their Board mem-ber. The committee observed that the response by Joy radio station exemplified the seriousness they wereattaching to the round table discussion. Mr Osman reiterated the point made by the chair that the meetinghad been called to see how collectively they could find solutions to challenges facing Joy radio station13.1 The members observed that it is not about everything the Joy radio station does that was of

concern to the committee, rather there were specific issues to be looked into. The commute was quick to mention that the team from Joy Radio Station should not feel like they were cul-prits. Mr Chisale was informed that the committee had already met with TVM and they wereexpecting to meet MACRA before the close of the day.

13.2 The committee noted that the comedians Eric Mabedi and John Nyanga popularly known asIzeki and Jacob had been previously used by Government to propagate messages on develop-ment apart from making people laugh.

13.3 However the committee expressed concern that they are now busy propagating distortedinformation to the same nation through their Kalibu programme on Joy radio. To his end, itwas observed that it created a huge contradiction of their profession.

13.4 The committee noted that may be Izeki and Jacob were behaving differently as a result offrustrations since they were no longer heard on MBC neither on TVM, let alone performingduring state functions like they used to do before.

13.5 To this end the committee wanted to know the philosophy behind Kalibu programme14.0 The committee also noted with concern that relations between MBC and Joy radio station

had turned into a tit-for-tat kind of relationship

15.0 RESPONSE FROM JOY RADIO STATION15.1 Mr. P Chisale, station manager for Joy radio station applauded MCM for its revival and

acknowledged that the meeting was a step in the right direction.15.2 Mr Tony Mita, board member of Joy radio station assured MCM that Joy radio station will

consider improving in all areas of concern. He added that it was the wish of Joy radio stationto maintain professionalism and to be seen operating with professional acumen.

15.3 Mr Chisale acknowledged that indeed Joy radio station is facing challenges. He pointed outthat the challenges come about because their listeners also want to hear something differentfrom the rest of the radio stations. As a result Joy radio is forced to succumb to that pressure.

15.4 Mr Chisale complained that MACRA has on many occasions demanded tapes of recordedprogrammes from the radio station but does not bother to send feedback on the same.

15.5 The station manager informed the committee that when the materials are sent to MACRA inturn MACRA take the station to court uses the same material as evidence.

15.6 On the part of Joy Radio Station they were of the view that MACRA was exercising its man-date out of pressure. And just like MACRA, Joy radio is under pressure too from the princi-pal owners of the station.

15.7 It was reported that Dr Muluzi as the owner of the station was told that the station shall notbe used as a platform to insult him.

15.8 It was reported that Joy radio also report about the state president Dr Bingu wa Mutharika, aswell as cabinet ministers.

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15.9 To prove that they also want to be professional and ethical in their programming they report-ed that Joy radio station does not play 3 songs which were banned by the Censorship Board.

16.0 Mr. P Chisale informed the committee that Dr. Muluzi gave them powers to run the radio sta-tion professionally and all their members of staff at the station are professionally trainedaccept for Eric Mabedi and John Nyanga.

17.0 It was reported that Dr Bakili Muluzi buys airtime on the radio station for the political rallies.And each time he does that Joy radio puts a disclaimer to the effect that contents of the liveprogrammes do not reflect the views of management of the radio station.

18.0 Joy radio informed the Committee that all their live programmes go on air unedited but beforerebroadcasting them, all the inflammatory language is removed.

19.0 They further pointed out that at the mean time Joy radio station does not have equipment forblocking voices in a live programme. Therefore it is difficult for them to block inflammatorylanguage during public rallies.

20.0 It was indicated that they get challenges whenever they want to balance their stories by interview-ing some ministers. It was reported that other ministers refuse to give Joy reporters interviews. Tosubstantiate this allegation they played clips of interviews with some honourable ministers.

20.1 They said that Joy radio is seen to incline towards the opposition hence its demonization.Following this perception business in terms of advertising is hard to come by consequentlyaffecting their financial position.

20.1 Mr Chisale pointed out that many people are pointing to the Communications Act as one ofthe sources of challenges facing the media in Malawi. He observed that if the Act wasreviewed probably some challenges would be put to rest.

22.0 Mr. Chisale complained that MCM and NAMISA kept quiet following the statement Ministerof Information and Civic Education made during the signing ceremony of Media Code ofEthics in Lilongwe to the effect that Joy radio should be closed down for being unethical inits programming.

23.0 Mr. Chisale observed that that the challenges facing media is a reflection of the political pres-sure the country is currently undergoing.

24.0 It was pointed out that Joy Radio is no longer getting the Media Monitoring Reports fromMACRA as was the case before. They last got the report in 2006.Consequently that has alsoaffected their performance in terms of monitoring how they are fairing in the coverage ofpolitical news.

25.0 KALIBU PROGRAMMEMr. Chisale concurred with the Committee’s observation that indeed the recent Pastoral letterraised concerns over Kalibu programme. He reported the following about the programme:

25.1 He reported that the producers of Kalibu Programme are not professionally trained journal-ists but they were drilled on some tips of journalism.

25.2 The programme it is a political satire programme meant to make light moments of the day,just like Town and Country rats in the Nation Newspapers were doing.

25.3 The programme was introduced on Joy Radio Station because the station does not have dramain its programming.

25.4 It was reported in the meeting that John Nyanga is planning to contest as a parliamentarian inMalabanda constituency in Ndirande Township. Mr Chisale said that following his ambitionJohn Nyanga has been told him not to use the programme to advance the ideologies of theparty he wants to stand for.

6.0 WAY FORWARD6.1 The chairperson thanked Mr Chisale and the Board member for coming to the meeting. He

said that the meeting was fruitful and he informed Mr Chisale and members of his entouragethat their concerns had been noted.

6.2 MCM observed that their concerns were genuine and committee will help in finding a solu-tion to the issues raised. They chairpersons indicated that as a committee they were planningto meet Media and Communications Committee of Parliament as part of the process.

6.3 MCM observed that Malawi as a nation would want to see Izeki and Jacob using their skillsand talents building the nation and not otherwise.

6.4 The committee assured Joy radio station that they were there to see to it that the polarisedrelationship between Joy and MACRA is changed for the better.

6.5 The members said that they would not want to see Joy radio die. Members said that equallythey would not want to see Dr Muluzi getting harmed by the very radio station he established.

6.6 On request for recorded materials by MACRA, MCM observed that this was not unique toJoy radio station only; in fact all radio stations are required to meet this standard.

6.7 On the observation that MCM did not come to the aid of Joy Radio station when it wasattacked as reported by the station manager. MCM members said MCM as an institution isnot yet registered as such they could not jump the gun. However members urged Joy radio toput their concerns in writing wherever they have complaints rather than waiting for MCM toact on heresy.

REPORT OF THE MEETING BETWEEN MCM’s ETHICS, DISCIPLINARY AND COMPLAINTSCOMMITTEE AND MACRA ON 31st JULY 2008 AT SUNBIRD MOUNT SOCH HOTEL, BLAN-TYRE FROM 2:30PM

Members Present • The Retired Chief Justice Leonard Unyolo, Chairperson, Ethics Complaints and Disciplinary Committee• Mr .A Osman, Ethics Complaints and Disciplinary Committee Member• Mrs J.Ng’oma, Ethics Complaints and Disciplinary Committee Member• Professor Chijere Chirwa, Ethics Complaints and Disciplinary Committee Member• Mr. James Chimera, Director of Broadcasting, MACRA

Apologies• Mr Ian Malera, Ethics Complaints and Disciplinary Committee Member

1.1 INTRODUCTORY REMARKSThe chairperson called the meeting to order at 2:30pm .He welcomed Mr. James Chimera, director ofbroadcasting from MACRA to the round table discussion. He said that he was not taking the gesture byMr Chimera in turning up for the discussion for granted. Mr Chimera was informed that people beforehim were members of MCM’s Ethics, Complaints and Disciplinary Committee. The chairperson went onto add that his committee had embarked on a series of meetings with key stakeholders in the media. Forinstance the chairperson said that his committee had met with TVM and Joy radio station in the morn-ing. He said that they had lined up a few more meetings, i. e members of Media and CommunicationsCommittee of Parliament and other stakeholders.

With regard to the agenda of the discussion, the Chairperson said the discussion was meant to go a longway in finding solutions to complaints raised about the media by MEC, government, the opposition andthe Catholic Church in their recent pastoral letter.

According to the Chairperson, of immediate and urgent concern was the broadcasting of some pro-grammes with hate speeches and inflammatory language on some radio stations. The chairpersonobserved that continual broadcasting of such programmes could arouse hatred which in turn could leadto violence in the country since some people are being demonised. This climate could also affect gener-al elections next year.

The chairperson pointed out that one of the mandates of MCM is to ensure that media houses abide bythe highest possible standards of professionalism. Furthermore, MCM’s mandate is also to ensure thatdisputes between media and the public are resolved through Ethics Complaints and DisciplinaryCommittee before resorting to courts as the last resort.

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The chairperson further said that, there have been concerns by Joy radio station that MACRA was notdealing with them equitably and fairly. Following this concern MCM decided to MACRA so that collec-tively they could find a way on how the concerns could be addressed amicably.

2.0 PROCEEDINGS : OBSERVATIONS BY MCM2.1 The committee observed that going by what Joy radio station had reported to the committee,

the media house has been operating knowing full well that it was making some mistakes andlooked up to MACRA as a regulator for some guidance, however the media house did not getany help as expected.

2.2 MACRA was informed that going by the statements made by Mr Chisale, the Committee wasof the view that Joy radio station was ready to reform. It was further observed that Joy radio toowould want to have a sense of belonging to the media fraternity as a professional media house.

2.3 The Committee proposed to Mr Chimera that MCM as an organisation was ready to getJoy and MACRA into a around table discussion for the purposes of resolving problemsbetween them.

2.4 MACRA was informed that Joy radio was looking some for some reasonableness. Forinstance members observed that Joy station was wondering why MACRA kept asking forrecorded materials when MACRA could do it by itself since they have the gadgets that mon-itor all radio stations.

2.5 MCM informed Mr Chimera that one of the concerns from Joy radio station was lack of feedback whenever they send recorded materials to MACRA.

2.6 MCM noted that MACRA is the custodian of Communications Act. However the Act hasinconsistencies that limit the operations of not only media houses but also MACRA as aninstitution. It was noted that every year issues revolving around the Act keep coming out inmost of the consultative meetings. Yet, according to the committee’s observation, there wasno active interest by MACRA to see the inconsistencies sorted out.

3.0 RESPONSE FROM MR J.CHIMERA OF MACRA3.1 Mr Chimera acknowledged that Communication Act has inconsistencies that had rendered

MACRA itself to be unpopular among the public. Mr Chimera said the Act does not reflectthe democratic dispensation we are in especially the 3rd schedule. As one way of resolving thisissue , Mr Chimera reported that MACRA has outsourced expertise to look into the matter.

3.2 Mr Chimera reported that two years ago MACRA gave out seed money to BroadcastersAssociation so that as a body they could lobby for the change of the Act but to no avail.According to him the association did not take off the ground and they have since stopped pro-viding financial assistance to the association.

3.3 Mr Chimera reported that currently MACRA has a reviewed copy of the Communication Actdone by NGO’s.

3.4 Mr Chimera pointed out that in the Communications Act there, is provision of a ComplaintsCommittee which comprise MACRA DG, Chairperson of Law Society of Malawi and theMEC’s Media Committee. And currently MACRA is planning to visit other countries to peerreview how the committee handles media related complaints.

3.5 The committee was informed that MACRA had once taken the initiative of inviting MBCand Joy for a discussion regarding programming issues but Joy radio station absconded.According to Mr Chimera, Joy radio indicated that it is not ready to meet MACRA until after2009 General Elections in May.

3.6 MACRA reported that whenever they get complains from the stakeholders they always con-sult the concerned radio stations. However, according to Mr Chimera each time MACRAwrite or invite Joy radio station for a discussion, the station refuses to respond, saying itwould only do also so through its lawyer.

3.7 The director of broadcasting reported that as one way of resolving issues about broadcasting inthe country, he had planned for a stakeholders meeting to take place in two months time inMangochi. He said the main aim of the meeting would be to discuss broadcasting ethics inMalawi.

3.8 Mr Chimera reported that Communication Act talks about three tiers namely public, commu-nity and private radio stations. He said that other people were suggesting the Act to carryfourth tier called national broadcasting .He such a tier could help in the regulation of all radiostations covering the whole country.

3.9 As regards the outside broadcasting MBC is guided by section 43 of the Communications Act.3.10 Mr Chimera further informed the committee that Communication Act stipulates that MACRA

should not issue a license to an organisation that is political in nature or politicians. 3.11 Mr Chimera said that MACRA does not take Joy radio station as any enemy. However what

was amazing to MACRA was the fact that out of 23 radio stations that had been issued withlicenses, only Joy radio was causing a lot of problems.

3.12 On Makiyolobasi Programme: Mr Chimera reported that MACRA had once written MBCinforming them that Makiyolobasi was unethical. MBC indicated that programme was beingused as sustainability venture. However MACRA is still pursuing the matter with MBC. MrChimera said that they held a meeting with MBC over the same issue and presently are plan-ning to write MBC to stop the programme.

3.13 MACRA expressed concern over yet another programme called Nkhanga Zaoona on Joyradio station. According to MACRA the programme appears be to yet another controversialone.

4.0 OBSERVATIONS MADE BY COMMITTEE 4.1 MCM noted the meeting MACRA was planning to host may not yield expected results if the

relationship between MACRA and Joy radio remains polarised.MCM offered to open a dia-logue between MACRA and Joy radio station so that concerns between the two could be ironout before the conference. The committee was of the view that that if the meeting is heldbefore the relations between MACRA and Joy radio are normalised, the conference will out-right be a non-starter.

5.0 WAY FORWARD5.1 The chairperson informed he committee that Director General for MBC had sent an apology

to the meeting .However the committee resolved to contact him so that a new date could beset for a round table discussion with MBC. When Mr Patrick Khoza was called on his mobilephone, he said that he would come back with the date of the meeting after consulting.

5.2 The committee observed that it would be better to meet with MBC before meeting membersof Media and Communication Committee of Parliament.

5.3 Professor Wiseman Chijere Chirwa made efforts to talk to the Chairperson of ParliamentaryCommittee on Media and Communication Honourable B. Lijenda if it were possible toarrange for a meeting with his committee in Lilongwe. The committee observed that logisti-cally it would be easier to meet the committee in Lilongwe since parliament was reported toopen on 4th August 2008 for 2 weeks.

5.4 The chairperson reported that he had recused himself from the meeting with TVM and MBCbecause he was once involved with them in an issue that boarded on litigation. Therefore hefelt that for the sake of fairness and impartiality it was better for him tostay away. He saidthat he did not want his issue to jeopardise the roundtable discussions with two state mediahouses, namely MBC and TVM

6.0 CONCLUSIONThe Chairperson of the Committee, retired Chief Justice Leonard Unyolo, thanked all the members foravailing themselves to the roundtable discussions. He said that the discussion were an eye opener to thecommittee. He wished everybody a safe journey back to their destination. Mrs Joice Ng’oma was askedto say a prayer marking the closure of the round table discussions at 4:15pm.

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ANNEX 16 Report of the Roundtable Discussion Between Ethics, Complaints and DisciplinaryCommittee and Parliamentary Committee on Media and Communication

Media Council of Malawi

MEMBERS PRESENT FROM MEDIA COUNCIL OF MALAWI• Revered P. Semphere, National Governing Council Chairperson• Mr A. Osman, Interim Chairperson Ethics Complaints and Disciplinary Committee. • Mr. A.Ntonga, Chairperson Finance and Audit Committee and NGC Member• Mr. G. Mang’anda, Member MCM Board of Trustees • Dr. P. Mitunda Chairperson Membership and Accreditation Committee • Prof Wiseman Chijere Chirwa, Member EC&DC• Mr B.C hiyamwaka .Executive Director MCM• Mr. T Nandolo, Member NGC• Mrs. J.Ng’oma, Member EC&DC• Mr. G.Dambula, Member NGC• Mr E.Mcheka, Programme Officer MCM• Mr Phiri, Intern MCM• Mrs S.Chawinga MCM• Ms J.Chipembere MCM

MEMBERS OF PARLIMENTARY COMMITTEE ON MEDIA AND COMMUNICATIONS • Honourable B. Lijenda, Chairperson PCMC, UDF• Honourable M. Lunji, Vice-Chairperson UDF• Honourable I. Chafukira, MCP• Honourable G.Kaira DPP• Honourable K. Chakwantha,MCP• Honourable W.Ngozo MCP• Honourable K. Gwembe, MCP• Honourable C.Yona MCP• Honourable O. Banda UDF• Honourable B.Chilomo UDF• Honourable I. Matola UDF• Mr F. Machado, Committee Clerk from National Assembly • Ms D. Gondwe Committee Clerk from National Assembly

MEMBER PRESENT FROM MINISTRY OF INFORMATION AND CIVIC EDUCATION• Mr J. Kanyinji, Principal Secretary Ministry of Information and Civic Education.1.0 INTRODUCTION

1.1 The Media Council of Malawi (MCM) Ethics, Complaints and Disciplinary Committee helda roundtable discussion with Parliamentary Committee of Media and Communications(PCMC) on Wednesday, 20th August 2008 at Sunbird Capital Hotel in Lilongwe.

1.2 This roundtable discussion which was also attended by Members of the National GoverningCouncil (NGC) of MCM and the Principal Secretary and Director of Ministry of Informationand Civic Education, was a culmination of a series of discussions the committee held withthree media houses namely Malawi Television Limited (TVM), Joy Radio Station and MalawiCommunications Regulatory Authority (MACRA) in April and July 2008 in Blantyre.

2.0 INTRODUCTORY REMARKS BY MCM EXECUTIVE DIRECTOR2.1 Mrs J. Ng’oma opened the roundtable discussion at 6:20 pm. In her prayer which was in ver-

nacular Chichewa she asked the almighty God for wisdom and divine guidance during themeeting.

2.2 Mr B. Chiyamwaka, the Executive Director of MCM welcomed all the people present to the roundtablediscussion. He also recognised the presence of Honourable I. Chafukira, who had sat in for the chairper-son of PCMC. All matters to do with house keeping were also outlined in his introductory remarks.

3.0 WELCOME REMAKRS BY A.OSMAN INTERIM CHAIRPERSON OF ETHICS, COM-PLAINTS AND DISCIPLINARY COMMITTEE 3.1 Mr A. Osman, as Chairperson of the roundtable discussion, thanked all the honourable members

of the Parliamentary Committee on Media and Communications (PCMC). He acknowledged thatin spite of their busy schedule, they accepted the invitation and came to the meeting.

3.2 He said that the meeting had been called to share with them more about Media Council ofMalawi and about the findings from the investigations into complaints, allegations and dissat-isfaction that the public has been raising and expressing against some journalists, Joy Radio,Malawi Broadcasting Corporation (MBC), and Malawi Television Limited (TVM).

3.3 It was also pointed out that the meeting had been called so that honourable members ofPCMC and MCM could sit and discuss issues affecting the media and see how best to moveforward as a nation and not accuse each other.

4.0 REMARKS BY NATIONAL GOVERNING COUNCIL CHAIRPERSON, REVEREND P. SEMPHERE4.1 Reverend Patrick Semphere in his personal capacity as the Chairperson of National

Governing Council of MCM once again welcomed members of the Parliamentary Committeeon Media and Communication.

4.2 He said the meeting was historical since it was the first time MCM was interfacing with hon-ourable members of the Parliamentary Committee on Media and Communication. He addedthat the meeting was a roundtable discussion hence the sitting arrangement.

4.3 He went on to add that the meeting had been called so that MCM could share with the hon-ourable members of PCMC on issues that had a bearing on the nation of Malawi.

4.4 He said among the issues to be discussed included progress made by MCM’s Ethics,Complaints and Disciplinary Committee into the allegations and solutions and way forward.

4.5 Giving the background to MCM, Rev Semphere said that MCM was established with theview to uphold and maintain objective reporting in the media.

4.6 There were initial attempts to establish Media Council of Malawi in the 1990’s. However, dueto a weak foundation, it collapsed and died a natural death.

4.7 The media in Malawi felt the need of setting the organisation once more; hence in 2007 anoth-er attempt was made and has proved to be successful. The resuscitation of MCM commencedwith the establishment of National Governing Council (NGC), Board of Trustees andSecretariat. Other activities that followed included the formulation of a strategic plan.

4.8 Following the strategic plan, the British High Commission came forward with fundingthrough DFID which has seen the opening of MCM Secretariat

4.9 It was further pointed out that MCM has three permanent committees namely Finance andAudit Committee, Membership and Accreditation Committee and Ethics, Complaints andDisciplinary Committee.

5.0 REMARKS BY CHIARPERSON OF PARLIAMENTARY COMMITTEE ON MEDIA ANDCOMMUNICATIONS HONOURABLE B. LINJENDA5.1 Honourable B. Lijenda, Chairperson of Parliamentary Committee on Media and

Communications thanked the NGC chairperson, Rev P. Semphere for organising the round-table discussion.

5.2 He wished the meeting had taken place 3 or 4 months ago. He expressed fear that since themeeting was being held in the evening, members would not be able to discuss the matters onthe agenda in detail due to time constraints.

5.3 He observed that the agenda of the day had critical issues at stake to be discussed, hence 1?hours allotted to the meeting was not enough. He for instance pointed out issues like fundingof TVM and MBC as one of the issues which would need ample time for discussion

5.4 Honourable Lijenda pointed out that the honourable members of his committee would be free

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only to the extent members from MCM would be free with them. He added that the hon-ourable members of PCMC would treat issues on the table with sober minds.

5.6 He further said that PCMC is constituted by members from different political parties namelyDPP,UDF and MCP.

6.0 OBSERVATIONS MADE MY MCM MEMBERS AFTER REMARKS BY HON. LIJENDA.6.1 Mr A. Osman, responding to the concern raised by Hon. B. Lijenda about time, said one of

the things which were supposed to be appreciated was the fact that MCM was interfacing withthe members of PCMC for the first time. He said considering the time fact, it indeed wouldnot be possible to discuss all the issues at hand. However, the pleasing thing would be that atleast a rapport will have been created between the two committees.

6.2 Responding to the question on the vision of MCM, he said Ethics, Complaints andDisciplinary Committee is the face of MCM. One of the committee’s mandates is to enforcethe Code of Ethics of Journalists in Malawi.

6.3 Emphasising on the need for a media that is professional and ethical he said that media haspower to break or make the nation. He cited examples of Kenya and Rwanda where it wasreported that media had played a part in the chaos that had once erupted in those countrieseither by fanning hatred or not reporting issues.

6.4 He pointed out that it is a fallacy to think that what happened in Rwanda or Kenya could nothappen in Malawi. Hence it is important to ensure that our media in Malawi abides to thehighest professional and ethical standards.

6.5 On the Objectives of MCM: NGC Chairperson Rev. P. Semphere outlined the following asthe Council’s objectives:i. Uphold and maintain the freedom of the media in Malawi, including the freedom of

expression and the public right to freely receive and impart information and opinion,and to defend/protect the media from undue pressure from any source;

ii. Update, maintain and promote the Code of Ethics and professional standards formedia practitioners, journalists and media organizations;

iii. Assist in ensuring that proprietors, publishers, journalists, broadcasters and othermedia stakeholders adhere to the highest possible standards by strict compliance withthe Code of Ethics;

iv Provide alternative dispute resolution mechanism on matters involving the media andthe public.

v. Accredit local and foreign journalists in Malawi in conjunction with the relevant gov-ernment Agency.

vi. Conduct professional development activities for the media in Malawi.vii. Encourage an ongoing dialogue between the media, government and the public

through conferences, seminars, symposia and other fora;viii. Maintain and promote the status of journalism as a profession;ix. Promote public awareness of the Council through publication of its activities and operations.x. Promote and safeguard the interests of its members and the public in all matters

affecting the profession;xi. Establish and operate an audit bureau of circulation; conduct research relevant to the

media; provide independent consultancy services to publishers, broadcasters, mediaassociations and relevant organizations in the interest of developing an independentand effective media;

xii. Reviewing developments in the media andxiii. Carry out any activities necessary and incidental to achieving its objectives.

6.6 Members of MCM Ethics, Complaints and Disciplinary Committee observed that their objec-tives are similar to that of PCMC. In view of this it was argued that the two institutions shouldwork together since their roles are complementary.

6.7 The Executive Director of MCM Mr B. Chiyamwaka acknowledged the role PrincipalSecretary in the Ministry of Information and Civic Education, Mr J. Kanyinji played duringthe establishment of MCM Secretariat.

6.8 On the exact date when MCM was established. The NGC Chairperson had this to say:i. MCM was established on 27th February 2007 with the appointment of NGC members.

And July 2007 saw the establishment of Secretariat following the appointment of theExecutive Director.

ii. The NGC chairperson further added that the first six months were designated tostrategic plan formulation as well as human resource development. In addition themonths of February to May were dedicated to the consolidation of the secretariat. Heconcluded by saying that what the honourable members of PCMC were seeing wasthe beginning of the delivery of programmes.

7.0 PRESENTATION ON THE BRIEF BACKGROUND TO MCM’s ETHICS, COMPLAINTS ANDDISCIPLINARY COMMITTEEMr A. Osman made a presentation on MCM Ethics, Complaints and Disciplinary Committee. His pres-entation was as follows:

7.1 Ethics, Complaints and Disciplinary Committee is one of the permanent committees ofMCM. Other permanent committees of MCM are namely:• Membership and Accreditation Committee• Finance and Audit Committee

7.2 Objectives of the Committee • Update, maintain and promote the Code of Ethics and professional standards for

media practitioners, journalists and media organizations.• Receive and adjudicate on complaints and grievances as provided for in the rules of procedure.

7.3 Rationale• Rationale by MCM in putting the Committee is to promote self- regulation.• Self-regulation is not censorship and not even self-censorship.• It is about establishing minimum principles on ethics i.e. accuracy, truth, balance,

objectivity, personal rights etc while fully preserving editorial freedom on what toreport and what opinions to express.

• Self-regulation helps the media respond to legitimate complaints, and correct mistakes.• Self-regulation is a pledge by quality-conscious media professionals through a self

regulatory body to maintain a dialogue with the public. • By promoting standards, self-regulation helps maintain the media’s credibility with

the public. This is particularly welcome in new democracies like Malawi, most ofwhich are also new to an independent media.

• Media self-regulation helps convince the public that the free media are not irresponsible.• At the same time, self-regulation protects the right of journalists to be independent, and

to be judged for professional mistakes not by those in power but by their colleagues.• When it comes to correcting factual errors or violations of personal rights by the

press, satisfaction over the judgments of self-regulatory bodies lessens pressure onthe judiciary system to sanction journalists

• Complaint mechanisms offer a kind of “quality insurance”. • Complaints launched with self-regulatory body come at no cost, unlike court pro-

ceedings. This is a considerable advantage for the average citizen

7.4 Conclusion Five reasons for the media to develop media self regulation• It preserves editorial freedom;• It helps to minimize state interference;• It promotes media quality;• It is evidence of media accountability;• It helps readers access the media.

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8.0 OBSERVATIONS BY PCMC8.1 Speaking more about the role of PCMC, Honourable Lijenda said that his committee plays a

number of roles. He said that one of the roles of PCMC is to conduct financial auditing overthe state media houses namely TVM, MBC, MACRA, MANA and Malawi PostalCorporation (MPC) to ensure that they are accountable to the public as stipulated in theParliamentary Standing Orders.

8.2 The PCMC is also responsible for lobbying funds for the parent ministry in the NationalAssembly , thus Ministry of Information and Civic Education

8.3 Hon. Lijenda pointed out that his committee get co-operation from MPC and MACRA buthave difficulties working with MBC and TVM. He said the leadership at MBC and TVM doesnot pay due recognition to PCMC. The heads of these institutions do not appear before PCMCwhen summoned to do so.

8.4 Members of PCMC agreed that they indeed share the same roles with that of MCM Ethics,Complaints and Disciplinary Committee. Hence the possibility of working in collaborationsince they share a common vision.

8.5 Members of PCMC were interested to know when exactly MCM came into existence. 8.6 Members of PCMC also wanted to understand how self-regulation addresses the influence of

politics on journalists as well as the editorial policies of the media houses.

9.0 OBSERVATIONS MADE BY THE PRINCIPAL SECRETARY IN THE MINISTRY OF INFOR-MATION & CIVIC EDUCATION MR J. KANYINJI.9.1 Mr J. Kanyinji congratulated MCM for organising a roundtable discussion with the members

of PCMC .He said MCM should not fold up like the way it happened in 1994.He also sharedthe view that PCMC and MCM should work in collaboration.

9.2 He pointed out that on several occasions he had interfaced with the chairperson of PCMCover the flaws in the Communications Act. He said that the Communications Act should beamended and MCM should start championing that reform. He said when reviewing the lawpeople should not focus on individuals but they should be looking into the future.

9.3 However amid the meeting Mr J. Kanyinji announced to the house that the Minister ofInformation and Civic Education, Honourable Patricia Kaliati who had been following thediscussions had ordered the removal of Makiyolobasi and other controversial programmes onMBC radio.

10.0 OBSERVATIONS & RESOLUTIONS MADE BY MCM ETHICS, COMPLAINTS AND DISCI-PLINARY COMMITTEE DURING ROUNDTABLE DISCUSIONS WITH TVM, JOY RADIOAND MACRAThe Executive Director of MCM, Mr. B. Chiyamwaka read out the report as follows:

10.1 INTRODUCTION The Media Council of Malawi’s Ethics, Complaints and Disciplinary Committee held a roundtable discussion with three media houses on 31st August 2008 in Blantyre at Sunbird MountSoche Hotel. This report therefore is on the observations and the resolutions the committeemade at the end of the roundtable discussions. The Committee met three media houses name-ly Television Malawi (TVM), Joy Radio Station and Malawi Communications andRegulatory Authority (MACRA). However, Malawi Broadcasting Corporation (MBC) sent anapology last minute.

11.0 OBSERVATIONS MADE DURING MEETING WITH TELEVISION MALAWI11.1 TVM has stopped beaming Kuganizira Dziko Lathu programme for four months now (as of July

2008). However, the programme will come back on air but in a much more balanced manner.11.2 TVM has started a new programme called Zenizeni Nziti or Insight being anchored by Mr

Patrick Kamkwatira. The programme aims to focus on matters of national interest. Apart frompoliticians, the programme will also feature prominent people in our nation including thosefrom NGO’s and other organisations.

11.3 On allegations that TVM does not cover opposition parties let alone politicians from theopposition camp. It was reported that there has never been any external influence either froma political party or the government for TVM not to interview members of opposition parties.If anything, this is done out of self-censorship.

11.4 On stoppage in coverage of live parliamentary proceedings: The committee was informedthat officers at TVM also read about it in the press that parliamentary proceedings will not bebeamed on TV. While on the same she informed the members of the following:• One DV CAM tape costs K12, 000.00 (for 2 ? hours and one parliamentary sitting

takes 6-7 tapes.• Live football is equally expensive because it involves buying TV rights to beam the

games live.• It is expensive to undertake the activities with a normal figure of K1.00 Assembly

approved for TVM in the 2007/08 fiscal year.11.5 ECONO Plus has also been off air for some time now. The programme was aimed at civic

educating the nation on different national issues.11.6 On the coverage of 2009 General Elections: It was observed that TVM was ready to level

the playing field for all the political parties. The opposition parties will be free to go and pickTVM crew for the coverage of their functions once the campaign period commences.

11.7 The MCM Ethics, Complaints and Disciplinary committees was asked to help TVM in advo-cating for the passing of its budget allocation for the 2008/2009 fiscal year in the NationalAssembly.

12.0 RESOLUTIONS WITH TELEVISION MALAWI12.1 The committee advised TVM to refuse being used as a battle ground. It was observed that the

TVM has got a pool of qualified media professionals who are capable of doing professionalwork.

12.2 MCM’s Ethics, Complaints and Disciplinary Committee said that they will inform the pub-lic of the change in content of Kuganizira Dziko Lanthu.

12.3 TVM was urged to approach MCM whenever there are issues rather than reacting to situations

13.0 OBSERVATIONS MADE DURING MEETING WITH JOY RADIO STATION13.1 The members observed that it was not everything that Joy radio does which was of concern

to MCM’s Ethics Complaints and Disciplinary Committee, rather the committee was interest-ed with specific issues like Kalibu programme.

13.2 The committee wanted to know the philosophy behind Kalibu programme.13.3 The Committee noted with concern that relations between MBC and Joy radio station had

turned into a tit-for-tat situation- a total war of propaganda through the media.13.4 MACRA has on many occasions demanded tapes of recorded material from Joy radio station

but does not bother to send feedback on the same; instead MACRA takes the station to courtand uses the material as evidence in a court of law.

13.5 Joy radio feels that MACRA exercises its mandate out of pressure. And just like MACRA,Joy radio too is also under pressure from the principle owners of the station.

13.6 Mr P. Chisale of Joy radio pointed out that many people are pointing to the CommunicationsAct as one of the sources of challenges currently facing the media in Malawi. It was observedthat reviewing the Act would probably put some of the problems being faced now to rest.

13.7 Officials from Joy radio station observed that challenges facing the media are a reflection ofthe political pressure the country is currently undergoing.

13.8 It was observed that reporters from Joy radio meet difficulties whenever they want to balancetheir stories by interviewing some government ministers. It was observed that some govern-ment ministers refuse to grant interviews to reporters from Joy radio station.

13.9 It was pointed out that Joy radio is facing challenges from its listeners. The listenership of Joyradio station wants to get something different from the rest of the radio stations. As a resultJoy radio station is forced to succumb to that pressure.

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14.0 RESOLUTIONS WITH JOY RADIO STATION14.1 MCM committee observed that concerns Joy Radio station had raised during the meeting

were genuine concerns and the committee would help in seeking solution to the challenges.14.2 The committee assured Joy radio station that they were there to see to it that polarised rela-

tionship between the radio station and MACRA has changed for the better.14.3 Members observed that they don’t want to see Joy radio station die let alone democracy in

this country.

15. OBSERVATIONS MADE DURING MEETING WITH MACRA15.1 The committee observed that Joy radio had been looking up to MACRA as regulator for some

guidance, however, the media house felt let down because MACRA could not send any feedback especially when Joy radio station send recorded material to MACRA.

15.2 MACRA was informed that going by what officials from Joy radio station had raised duringthe round table discussion, the radio station was ready to reform.

15.3 MCM noted that Communications Act has inconsistencies which do not only limit the oper-ations of the media houses but also MACRA as an institution.

15.4 The Committee was informed that MACRA had once invited TVM, Joy Radio station andMBC for a discussion regarding programming issues. However Joy radio station abscondedthe meeting. It was reported that Joy radio station indicated that it is not ready to meet withofficials from MACRA now but after 2009 General Elections in May.

15.5 Each time Joy radio is asked to respond to a query or invited for a discussion, the stationrefuses to respond to such issues saying that it can only do so through its lawyer.

15.6 It was observed that MACRA does not treat Joy Radio station as an enemy.15.7 It was observed that MACRA is planning to hold a stakeholders meeting for broadcasters to

take place in the next two months in Mangochi. The aim of the meeting will be to discussbroadcasting ethics in Malawi.

16.0 RESOLUTIONS BY THE MCM COMMITTEE DURING MEETING WITH JOY RADIO STA-TION , MACRA AND TVM16.1 MCM offered to mediate between MACRA and Joy radio station in order to improve their

relationship which as of now remains strained. The committee was of the view that relation-ship between MACRA and Joy radio station should be improved before the stakeholdersmeeting organised by MACRA takes place in Mangochi.

16.2 Since MBC officials did not attend the roundtable discussion, the committee observed itwould be better to meet with MBC before meeting with members of ParliamentaryCommittee on Media and Communication.

16.3 On the Conference for the broadcasters MACRA intends to host in Mangochi, MCM was ofthe view that the meeting may not yield expected results if the relationship between MACRAand Joy radio station remains strained. It was further observed that if the meeting is heldbefore relations between MACRA and Joy radio stations are normalised the conference willbe a non-starter. Hence MCM offered to open a dialogue between MACRA and Joy radio sta-tion so that concerns between the two institutions should be iron out.

17.0 OBSERVATIONS MADE BY MCM MEMBERS17.1 Members of MCM observed that the issues raised in the report were political in nature and

some of the issues could only be resolved through Parliament.17.2 The members of PCMC were informed that the public has not been educated on how to for-

ward their complaints to MCM

18.0 OBSERVATIONS BY MEMBERS OF PARLIAMENTARY COMMITTEE ON MEDIA & COM-MUNICATIONS 18.1 The members of PCMC also said that they have a lot of information which they could share

with the MCM committee. The members also acknowledged that the Communications Actindeed has got a lot of loop holes.

18.2 Honourable B. Lijenda said that last year MBC got K60 million before their bill was reject-ed in the National Assembly last year (2007/08 Fiscal year).

18.3 Members observed that any Parliamentarian who may push for the reviewal of theCommunications Act may face reprisals from the government side. Just like it had happenedwith other Members of Parliament from opposition parties like Lucius Banda.

18.4 They further argued that it may be reviewed but the situation may not improve for the bettersince PCMC is not responsible for the implementation of the Act. It was pointed out thatMinistry of Information has the mandate to implement the law and PCMC is the oversightimplementation.

19.0 PRESENTATION ON COMMUNICATIONS ACT BY PROFESSOR WISEMAN CHIJERE-CHIRWA19.1 Prof. Chijere Chirwa argued that Malawi Communications Act contains both general and spe-

cific problems. He cited one of the problematic areas with an aspect to the reporting line. Forinstance in the current status of the Act, the head of MBC is supposed to report to theExecutive. The Act does not contain anything to do with accountability.

19.2 He therefore said that accountability should arise out of law by having it in theCommunications Act. In his view the law should stipulate that the head of the state mediashould be accountable to Parliamentary Committee on Media and Communication.

19.3 Mr Malera observed that there are a number of underlying issues which MCM on its own can-not deal with. He gave the example of the law in relation to the communications Act alludedto by Prof. Chijere Chirwa.

19.4 Mr Malera further pointed out to the issues of politicisation of funding. In his view he felt itwas not good to prejudice and punish all Malawians by withholding funding to TVM andMBC because of misdemeanours of the few officers working in the state media houses.

i. Appointments19.5 It said the law provides for the President to appoint the Chairperson of MACRA Board. In his

view it would be better to have the members of the board choose their own chairperson on thefirst day of their meeting to enhance neutrality and avoid patronage.

19.6 Members of PCMC were informed that MCM does not have any political agenda. If anything, MCM was interested to ensure that all the Malawians benefit from the state broadcast-ers and not some pockets of the society only.

ii. Inconsistencies 19.7 Section 38 (1) States that the process of competitive tendering radio licences is in the hands

of Minister.19.8 Section 41(4) Control of radio station. The police officer can seize a radio station: A police

officer having specific written authority from the authority may seize a radio station whichhe has reasonable cause to believe is being operated in contravention of this Act

19.9 Section 43 Emergency Powers in connection with radio station are in the hands of thePresident.

19.10 Part 1X Reconstitution of MBC. Section 87(1) It was observed that it would be better forMBC to have its own Act like before. It would also be good if Malawi could have severalnational radio stations.

19.11 Section 51 (3) Community radio stations are forbidden from broadcasting news. 19.12 Section 45 (1f) and Section 51 (3a) of the Communications Act talks of Equity while the

PPEA talks of Equality. There is need to harmonise the terms.19.13 Section 87 (2c) and Third Schedule Section 52 (4).These sections contradict each other. 19.14 Section 105 (1) gives power to the Minister to make statements from time to time with

regards to the policy of the Government with respect to communications.

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20.0 OBSERVATIONS BY THE PCMC ON THE PRESENTATION ON THE COMMUNICATIONS ACT20.1 Members of PCMC observed that the information furnished by Prof. Chijere Chirwa would

be valuable during the review of the Act.20.2 Honourable Lijenda complained that at one time PCMC summoned the Director General of

MBC to a meeting. He never turned up and the next thing his wife was satirised inMakiyolobasi programme.

20.3 It was reported that even the Chairperson and the Board of MBC absconds meetings by PCMC.20.4 The committee observed that it will be important for MCM to impress upon the leadership of

TVM and MBC by reminding them that they are public servants. And as public servants theyare supposed to be accountable to the PCMC.

20.5 Honourable B. Lijenda said that as Chairperson of the PCMC he had been to the PS for infor-mation to see if it were possible to order the suspension of controversial programmes on Joyradio, MBC and TVM but to no avail. He also said that he had spoken to Minister ofInformation over the same issues.

20.6 Honourable B. Lijenda informed the house that the review process for Communications Actwas started. However, the matter is stuck on the Order Paper in Parliament. According to Hon.Lijenda, government is not yet ready to release the funds for the reviewal of the Act, simplybecause it is benefiting from the present inconsistencies in the Act.

21.0 ANY OTHER BUSINESS21.1 As a way forward MCM was asked to initiate a meeting between PCMC and MBC and TVM

to resolve the issues.21.2 It was further suggested that the MCM committee should also take the initiative to meet with

the Minister of Information and Civic Education over the same issues. 21.3 Honourable members of PCMC were of the view that procedures should be set on how to han-

dle public servants who do not turn up when summoned21.4 The meeting observed that the best way is to have the Communications Act amended.MCM

was urged to champion the process.21.5 Members of PCMC received the news of the withdrawal of Mikoyolobasi with gratitude.

However, the committee observed that it will be imperative for the honourable minister togive an assurance to the nation through a public statement that the programmes will not comeback on air once the budget for the 2008/09 fiscal year for the Ministry of Information getsapproved in the National Assembly.

21.6 The Principal Secretary from Ministry of Information Mr J. Kanyinji informed the house thatMACRA has set aside funds for the reviewal of the Communications Act.

22.0 CLOSING REMARKS BY THE NGC CHAIRPERSON,REVEREND P. SEMPHERE22.1 The NGC chair observed that the interface between MCM and PCMC was a historical

encounter. He added that what was most important was the fact that rapport had been createdbetween the two committees. He therefore urged the committees to continue interfacing witheach other whenever there are issues for discussion.

22.2 He also said the meeting had given confidence to all the committees and that they had a thor-ough understanding of each others roles.

22.3 He also welcomed the news that MACRA had set aside money for the reviewal of theCommunications Act. It was observed that reviewal of the Act would help in healing and rec-onciliation of the nation.

22.4 The chairperson of NGC Rev Semphere observed that since Mr Kanyinji had announced thatMBC was going to stop airing Makiyolobasi and other programmes, it would be imperativefor Joy radio station to follow suit by discontinuing its controversial programmes like Kalibuand Nkhanga Zaona. His appeal was further extended to other media houses.

22.5 It was observed that if there are issues to be resolved the best way will be to organise roundtable discussions between the committees. It was observed that if the media is healed thenation will likewise be healed.

22.6 The meeting was closed at 9:50 pm and Mrs J. Ng’oma was once again asked to close themeeting with a word of prayer. All the members were invited for supper in the hotel’s restaurant

ANNEX 17 Report bon Round Table Discussions Between MCM and PCMC

Media Council of Malawi

REPORT ON THE SECOND ROUND TABLE DISCUSSIONS BETWEEN MEDIA COUNCIL OFMALAWI (MCM) AND PARLIAMENTARY COMMITTEE ON MEDIA AND COMMUNICATIONS(PCMC) ON 17TH SEPTEMBER 2008 VENUE: Sunbird Lilongwe HotelTIME: 14.00

PRESENTINVITING PARTY: MCM1. Rev. Patrick Semphere (Chairperson MCM NGC)2. Mr. Al Osman (Interim chairperson Ethics, Complaints and Disciplinary Committee)3. Mr. Baldwin Chiyamwaka (Executive Director, MCM)

INVITEESPCMC1. Hon. Belson Lijenda (PCMC Chairperson)2. Hon. Ishmael Chafukira (Vice Chairperson PCMC)3. Mr. Matchado Clerk to PCMC

INTRODUCTIONAmong its list of thirteen objectives, MCM has the mandate to enforce the Code of Ethics and PromoteProfessional standards for media practitioners; provide alternative dispute resolution mechanism on mattersinvolving the media and the public and encourage ongoing dialogue between the media, government and thepublic. Committed to achieve its objectives and mission of professionalising the media through self regula-tion, MCM through its Ethics, Complaints and Disciplinary Committee (ECDC) has been holding a series ofround-table discussions with various stakeholders. These discussions are going on under the Council’s medi-ation and arbitration programmes as set in its strategic plan.

On Wednesday, 17th September, 2008, the ECDC, held a second round table discussion with the ParliamentaryCommittee on Media and Communications (PCMC) to continue dialogue with the committee followingParliament’s failure to fund MBC and TVM once again.

WELCOMING REMARKSThe moderator of the meeting Mr. Alaudin Osman asked Rev. Patrick Semphere to open the meeting with aprayer. After the meeting was opened with a prayer, the moderator welcomed the Honorable members ofPCMC and MCM executives. He thanked each one of them for coming to attend the meeting which MCMconvened. He then asked MCM Executive Director Mr. Baldwin Chiyamwaka to go through the agenda.MCM’s ED gave the background to the discussions and the agenda.

BACKGROUND TO THE MEETING• The Media Council of Malawi’s Ethics, Complaints and Disciplinary Committee held round table dis-

cussions with two media houses namely Malawi Television Limited (TVM) and Joy Radio Station andthe Malawi Communications Regulatory Authority (MACRA) on 31st August 2008 in Blantyre atSunbird Mount Soche Hotel. Among several resolutions made during this meeting, was that effortsshould be made to meet with PCMC.

• Following the resolution, MCM organized a meeting with honourable members of PCMC at CapitalHotel in Lilongwe on 20th August 2008 where among other issues on the agenda, funding for TVM andMBC was discussed. During the same meeting it was further proposed that MCM should take an initia-tive to meet with Minister of Information and Civic Education over the funding for TVM and MBCamong other issues.

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• Soon after Parliament had given MBC and TVM the nominal MK 2.00 to each, MCM made efforts tohold mediation talks between the Honourable Minister of Information, Mrs. Patricia Kaliati andHonourable Belson Lijenda, Chairperson of PCMC. This was to be followed by plenary mediationbetween PCMC on one hand and MBC and Ministry of Information on the other hand. Other relatedmeetings were also suggested. However, all these meetings did not materialize.

• On 5th September 2008 MCM wrote a letter to the Minister of Information and Civic Education,Honourable Patricia Kaliati through the Principal Secretary of the ministry, seeking audience with her-self, however the honourable minister is yet to grant MCM an audience. MCM has also written the hon-ourable minister to intervene by facilitating a meeting between MCM and MBC to discuss among otherissues the differences that exist between MBC and PCMC.

• Meanwhile MCM went into a consultative process with a number of key stakeholders ranging from CivilSociety Organizations, the donor community, the media and the general public. The following findingswere gathered during the consultative process.

a) FUNDING FOR TVM AND MBCFollowing discontinuation of Makiyolobasi and other controversial programmes on MBC, the publicopinion has shifted in favour of the state broadcasters. The present public opinion is that the statebroadcasters should be funded since all the controversial programmes that were contentious becausethey were perceived to be promoting hate speeches have been removed.

b) CONTETION PCMC’s reasons for withholding funding for TVM and MBC are based on issues to do with policy inrelation to Parliamentary Standing Orders. They argue that MBC have consistently for the past threeconsecutive years been refusing to appear before PCMC. On the other hand, MBC is arguing that thedecision to deny the state broadcasters funding had already been concluded clandestinely during ameeting by honourable members of PCMC way before the bill was presented in Parliament. PCMC’sargument might be valid and logical in terms of accountability by a public institution like MBC thatgets government subventions. MBC‘s claims of a premeditated resolution that PCMC made not tofund the two public broadcasters which MCM has verified raises concerns. It has also been allegedthat denying MBC funding is a deliberate act by the chairperson of PCMC who is trying to get evenwith his old colleagues and bosses at MBC. PCMC’s chairperson has denied these allegations.

Whatever, the case, MCM believes that this situation will not bear any positive fruit. It will take bothof the differing parties nowhere and is leading the Malawi Nation on a collision path that may breedfurther hatred and intense animosity. Its effect on the performance of the media industry in Malawi isdetrimental and retrogressive. It has serious implications on the professional and ethical conduct ofthe two broadcasters. By denying MBC and TVM resources, Parliament is denying Malawians theirconstitutional right to freely express themselves and impart and access information. It denies them anopportunity to make informed choices during the electoral process in readiness for the 2009Presidential and Parliamentary Elections. Consequently, it does a lot of harm to our fledgling democ-racy that needs harnessing with a lot of care.

c) FROM OTHER FINDINGSIt has been further observed that there are claims that the behavior of the Minister of Information andCivic Education could be one of the reasons contributing to the sour relationship between PCMC andthe state media (TVM and MBC). However, MCM believes that fighting with her as an individualwould not help matters at the state broadcasters. It is a waste of time to say the least considering thefact that TVM and MBC belong to all Malawians regardless of their political affiliations. In thisrespect it would be imperative to ensure that the interests of all Malawians have been put first byreleasing funds to the two media houses. Personal differences should not determine the course ofissues of national interest.

PURPOSE/AGENDATo persuade PCMC to reverse denial of funding to MBC and TVM

OBSERVATION ON THE AGENDAMCM’s ED mentioned that a thorough scrutiny be done of the background and the agenda so that everyonewas in agreement with the purpose of the dialogue. He said that meaning is a negotiation therefore there wasneed to establish commonness on what the dialogue’s agenda meant.

The MCM NGC Chairperson proposed that the agenda wording change from “to persuade PCMC to fundTVM and MBC to “to plead with PCM to fund TVM and MBC”. The meeting agreed and therefore an amend-ment to the agenda was made to that effect.

OPENING REMARKSMCM’s chairperson briefly informed the meeting that progress had been and positive results had takenplace since MCM’s held its first round table discussions with PCMC on 20th August 2008:1. Government ordered MBC to stop broadcasting Makiyolobasi and other unethical and unprofession-

al programmes. MBC has since stopped airing the contentious Makiyolobasi and the other controver-sial programmes.

2. Joy Radio has stopped broadcasting Nkhanga zawona and Chilungamo chilipati. The vice board chair-person of the radio officially communicated to MCM through a letter.

DIALOGUE ASPECT 1: PCMC CHAIRPERSON• He thanked MCM for convening the meeting again and its relentless efforts to maintain dialogue with

PCMC. He however, said that he wished the Minister of Information and Civic Education, Hon. PatriciaKaliati and other senior officials from the Ministry were present. He said in this way causes of the wholecontention should have been identified.

• He emphatically clarified that PCMC has not denied MBC and TVM funding. He said that this has neverbeen the case because no debate is ever conducted on this motion during committee of supply. He point-ed out that even him as an individual member of Zomba Ntonya never contributed to the motion.

• He echoed his complaints that the Hon. Minister of Information and Civic Education has never and contin-ues to refuse to avail for PCMC’s meeting when she is summoned as Parliamentary Standing orders require.

• He said that he appreciated the efforts to MCM was making to ensure that MBC and TVM gets funded.He however, told the meeting that there were some anomalies in the National budget on the twovotes/allocations in question in the national budget. He said that instead of using the words MalawiBroadcasting Corporation (and Malawi Television Limited), the budget mentions Malawi BroadcastingHouse Account. He said this allocation is not clear and therefore it is an anomaly that requires correct-ing. He said the name might have arisen when there were intentions to merge MBC and TVM to complywith the Malawi Communications Act provisions, the thing which did not happen. In addition, he saidthat no explanation of or justification for the MK212, 000,000.00 allocation in the vote in question wasprovided. He said that all these issues needed to be looked into.

• He observed that the two institutions were still being funded behind doors and therefore queried themeeting what was the purpose of giving them funding any way.

• He further queried why the effort when MBC was contemplating re-introducing Makiyolobasi as wasmade clear by MBC itself and the Minister of Information.

DIALOGUE ASPECT 2: VICE CHAIRPERSON OF PCMC• He said that he was worried about bad programs ON MBC especially the fact that MBC is contemplat-

ing bringing them back. He observed that during phone-in programmes that was intended to solicit viewsfrom callers on whether makiyolobasi should be brought back on MBC views from callers who wereagainst the programmes were being edited. What wanted to know what MCM doing about this?

• He observed that MBC and TVM are filtered by negative news throughout which is full of slander, scan-dals, defamations and distortions. He requested MCM to look into this.

• On the point that failure to fund TVM and MCB amounts to denying Malawians freedom of expression, hesaid that to the contrary MBC and TVM denies free expression because it is only for the DPP privileged few.

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• He pointed out and underscored that PCMC there is none in PCMC who has evil intention to deny MBCand TVM funds. He said that just like MCM, PCMC has goodwill and good intention for the two broad-casters. He however echoed his PCMC chairperson’s concerns that MCM as mediators should havebought both parties together. He said that the Hon. Minister should have been present.

• He implored MCM to bring Hon. Minister of Information, Director General of MBC and TVM, DeputyDirector General of MBC to round table discussions. He said PCMC need a tête-à-tête kind of dialoguewith the Hon Minister and management of the two broadcasters. He pointed out that there was a prob-lem that needed resolving.

• On the issue of Treasury’s clandestine disbursement of funds to TVM and MBC, he said that the twobroadcasters do not show any sign of remorse or the desire for Parliament to fund their organisations ashas been demonstrated in different fora where management from these institutions have participated andtheir public statements in the media including on MBC itself. He said therefore MCM might be fightinga war which those in danger or the bereaved don’t really feel they are in danger or bereaved.

• He acknowledged Joy Radio’s indication and willingness to withdraw unethical programmes. He saidthat this meant that presumably there will also be a retraction by MBC. If MBC brings back the unethi-cal programmes as we approach 2008 general elections the airwaves shall be terrible.

DIALOGUE ASPECT 3: MCM NGC CHAIRPERSON • Reverend Patrick Semphere in response to PCMC’s concerns said that he felt that the attempt to re-intro-

duce Makiyolobasi on MBC is a retaliation of PCMC’s failure to fund MBC and TVM.• Using a metaphor, he observed that in the course of the on-going dialogue, we might have lost the battle

but not the war. • He observed that PCMC and MCM have unity of purpose, Joy’s gesture too adds to this unity of purpose.• He used the analogy of marriage to illustrate the point that even when one of the spouses humbles them-

selves and apologies even though they might not necessarily be in the wrong, issues get resolved.• He said regarding the current differences between Hon. Minister of Information and Civic Education,

TVM and MBC on one hand and PCMC on the other, people will know or judge who has Malawi at heartdepending on the decision either party will make ultimately. If PCMC join hands with MCM, takes a pos-itive stand and moves things forward, posterity shall judge us that here was a team that loved Malawi.

• He said that the news about availability of resources to facilitate the process of amending the MalawiCommunications Act made him glad. He emphasized that Communications Act amendment remainedurgent and needful because most of the anomalies were being caused by the problems in the Act.

DIALOGUE ASPECT 4: INTERIM CHAIRPERSON OF ETHICS, COMPLAINTS AND DISCIPLI-NARY COMMITTEE• He said that it is quite disturbing that we have a situation where management of public broadcasters has

the audacity to refuse to appear before or attend Parliament’s Committee meetings.• He inquired from PCMC concerning their appeal to MCM to facilitate mediation/roundtable discussions that

who should come to the table? Is it management of the two broadcasters or the Hon Minister of Information? • In his opinion he observed that since it is the Hon. Minister calling the shots, it would therefore be a

waste of time to ask MBC’s and TVM’s management to come. He said the minister is the one who is crit-ical to come to the mediation table /roundtable discussion.

• He echoed the need for amending the Communications Act• He said that MCM as mediators we have not had lack to bring the Minister to mediation and therefore

sought PCMC’s advice. He inquired whether it was going to be a good idea to ask another person inGovernment/DPP. Who could be an appropriate entry point?

DIALOGUE ASPECT 5: ED MCM TECHNICAL ADVICE• MCM has a barometer on public opinion which uses media facts and statistics, regular consultations with

stakeholders and other monitoring tools.• Current public opinion is that it is not happy with Minister of Information, TVM and MBC’s persistent

showdown with PCMC and their unwillingness and lack of interest not to appear before PCMC.• A good section of the public observes that it is not worthwhile for PCMC to continue orchestrating a

showdown with Minister of Information. She won’t make up her mind and therefore PCMC should acthonourably by ignoring the Hon minister and proceed funding MCB and TVM.

• Public opinion holds that MBC and TVM should be funded because they have stopped airing the con-tentious programmes that were used as a basis for not funding the two broadcasters in the 2007/2008Parliament budget session.

• MCM therefore advises PCMC to fund MBC and TVM encouraging them that this would win them pub-lic credibility as people’s representative.

DIALOGUE ASPECT 6: CLERK PCMC• Parliamentary committees can sub-poena (summon) relevant public officers • Parliamentary committees can sub-poena any cabinet minister to discuss relevant issues with the committee• PCMC can therefore invite the Minister of Finance, Hon Goodwal Gondwe, to discuss MBC and TVM

budgets since this has a bearing on the Ministry of Finance.

DIALOGUE ASPECT 7: WAY FORWARD

PCMC VICE CHAIRPERSONHe said that the only entry point who commands a lot of respect is the Finance Minster, Hon GoodAllGondwe. He said that besides, the issue of funding MBC and TVM has a bearing on the Ministry of Finance.

PCMC CHAIRPERSONHe suggested that MCM and PCMC should meet with Hon. Minister of Finance before PCMC meets. Thereverse will be made regarding MBC and TVM funding. PCMC Chairperson and the vice would then reportto PCMC and their respective parties. Once the funding has been authorized Parliament will regularize it laterwhen they meet.

He underscored the point that PCMC was not denying MBC and TVM money. He said that the reversal ofParliament’s decision is easy, it could be done then, and it is not a problem.

He expressed confidence in MCM and said that they don’t take the whole issue for granted, they trust MCMbecause they know that you MCM does not incline towards a particular party or grouping. The reversal wouldtherefore be made.

CHAIPERSON MCM NGC• Concluded that we should jointly advance the principal of accountability and therefore call upon MBC

and TVM to follow all the procedures required of a public institutions to be accountable such as appear-ing before Parliament.

• He pledged to PCMC that MCM would help in offering maximum publicity to PCMC to get across theirpositive message to the public on the importance of public officers to appear before ParliamentaryCommittees and the need for MBC and TVM do so now and in future.

ASPECT DIALOGUE 6: RESOLUTION• PCMC made a commitment to have Parliament’s decision not to fund TVM and MBC reversed. • First of all a meeting with the Finance Minister be convened where MCM will be in attendance.• PCMC will seek the minister’s advice during the meeting on how the reversal can be effected.• The reversal would be made, PCMC chairperson and vice reports to PCMC and their respective parties,

treasury to fund MBC and TVM, Parliament to regularize funding later during Parliament sitting.• A media conference shall be convened where MCM, PCMC and the Minister of Information will joint-

ly make a statement.• If MCM and PCMC only will be involved in the media conference, MCM agrees to participate in this

process on condition that it is not in any way connected to any political views of PCMC or any party.

CLOSING PRAYERMr. Baldwin Chiyamwaka closed the meeting with a prayer and the meeting ended at 4:35 pm.

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ANNEX 18 Reports on Meeting between MCM, PCMC and Hon G.Gondwe, Minister of Finance

Media Council of Malawi

REPORT ON THE MEETING BETWEEN MCM, PCMC AND MINISTER OF FINANCE, HON-OURABLE GOODALL GONDWE HELD AT MINISTRY OF FINANCE BOARDROOM CAPITALHILL, LILONGWE ON WEDNESDAY, 24th SEPTEMBER 2008

PRESENT1. Minister of Finance, Hon. GoodALL Gondwe2. Honourable Berson Lijenda M.P (Chairperson of PCMC)3. Honourable Ishmael Chafukira M.P (Vice Chairperson of PCMC)4. Mr. Al Osman (Interim Chairperson of MCM Ethics, Complaints and Disciplinary Committee)5. Mr. Ted Nandolo (Vice Chairperson of MCM)6. Mr. Ian Malera (Member of MCM NGC and Ethics Committee representing MLS)7. Mr. Baldwin Chiyamwaka (Executive Director MCM)8. Mr. Francis Matchado (Parliamentary Clerk of PCMC)

1.0 INTRODUCTIONFollowing a resolution made on Wednesday, 17th September, 2008 at the second round table discussionbetween, MCM’s Ethics, Complaints and Disciplinary Committee (ECDC) and ParliamentaryCommittee on Media and Communication (PCMC), MCM and PCMC had a meeting with FinanceMinister, Honourable GoodALL Gondwe, and M.P at the Ministry of Finance Ministerial Boardroom.This was a continuation of a series of mediatory talks and roundtable discussions MCM has been hold-ing to bring PCMC and the Minister of Information and Civic Education to an understanding regardingissues surrounding MBC and TVM funding.

Among its mandates, MCM has the responsibility to enforce the Code of Ethics and promote profession-al standards for media practitioners; provide alternative dispute resolution mechanism on matters involv-ing the media and the public and encourage ongoing dialogue between the media, government and thepublic. Amid public complaints lodged with the Council in July this year about the conduct of somemedia houses in the country, MCM is committed to fulfill its mandate hence the on-going mediation andround table discussion that are being held with various concerned parties.

2.0 WELCOMING REMARKSHon. Belson Lijenda M.P, chairperson of PCMC welcomed the members to the mediation and round tablediscussion. He asked the members to introduce themselves and then gave a background to the meeting.

3.0 BACKGROUNDThe PCMC chair gave the following background to the meeting: • Parliament approved only 50 percent of MBC and TVM funding during the 2006/2007 budget session

as way of asking the two broadcasters to reform on some of their programs which attack members ofthe opposition parties particularly those in Parliament.

• The following year, during the 2007/2008 budget, Parliament denied funding for the two broadcast-ers and only gave them a nominal MK 1.00 each, because they did not reform but rather became moreruthless in dealing with the opposition in their broadcasts.

• This year, during the 2008/2009 budget session, Parliament has once again not funded the two broad-casters and only gave them a 100 percent increase of the last year’s nominal funding with each of thestate controlled broadcasters getting MK 2.00 each

• The incumbent Minister of Information and Civic Education, MBC and TVM management have beenrefusing to appear before PCMC in three years running now as is required by Parliamentary standingorders even after PCMC had made arrangements for Parliament to fund MBC and TVM’s travelexpenses.

• He said that on 20th August 2008, MCM initiated and held mediation talks and round table discussionswith PCMC and Ministry of Information before this year’s budget was passed. MCM’s agenda was tointroduce MCM to PCMC and to find solutions to contentious issues surrounding MBC’s and TVM’sfunding.

• Hon. Lijenda then informed the Hon Minister of Finance that MCM and PCMC had reached an agree-ment in principle that the earlier decision that Parliament made not to fund MBC and TVM bereversed so that MBC and TVM should get their funding.

• He informed the Minister therefore that the purpose of the meeting was firstly to ask the Hon. Ministerto be an entry point (or envoy) of PCMC and MCM by speaking to the Minister of Information Hon.Patricia Kaliati on a number of issues since she has not been making herself available to PCMC andother stakeholders. Secondly, to seek guidance from him on whether it would technically be possiblethat after reversing Parliament’s decision regarding funding for the two institutions MBC and TVMwould be funded.

4.0 AGENDAThe purpose of the meeting therefore as resolved at MCM’s and PCMC’s second round table dis-cussion was:• To ask the Minister of Finance, Hon. Goodwall Gondwe as a highly respected and credible person to

speak to the Minister of Information and Civic Education, Hon. Patricia Kaliati on issues that havebeen contentious regarding MBC and TVM such as airing programmes that attack certain membersof the society and failure by the Hon. Minister and the two broadcasters to appear before PCMC etc;

• To seek guidance from the Hon. Minister of Finance on whether technically it would be possible tofund MBC and TVM considering that in principle Parliament’s earlier decision had been rescinded.

5.0 DISCUSSIONS

5.1 DIALOGUE ASPECT 1: REMARKS FROM INTERIM CHAIRPERSON OF MCM’S EC&D COMMITTEE

• MCM is concerned with media ethics both in the public and private media houses. Although there iscommendable professional media work going on, there are however also, concerns about unprofes-sional media conduct in the country that need addressing. MCM’s Ethics Committee is vigilant onthese issues and ensuring that all media houses in the country carry out their duties ethically and pro-fessionally.

• Programs promoting hate on state controlled MBC and TVM are a great concern to MCM becausethey have a potential to flare up inter-grouping conflicts and violence. Elsewhere in the world racialand tribal conflicts, genocides, xenophobic attacks etc have been linked directly or indirectly to theuse of the media as being responsible for the causes.

• Efforts to meet Minister of Information on the conduct of state controlled broadcasters and otherissues have all along been futile and therefore hoped that the Hon. Minister, Goodwall Gondwe,would help be an entry point to facilitate this process of dialogue.

5.2 DIALOGUE ASPECT 2: REMARKS BY VICE CHAIRPERSON OF MCM NGCExpressed agreement with remarks made by last speaker, interim chairperson of MCM ECDC. He saidMCM is strongly advocating for a media that is ethical and professional. As such a lot of effort is beingmade to ensure that the media industry should have a favourable environment in which they can do theirwork effectively.

5.3 DIALOGUE ASPECT 3: VICE CHAIRPERSON OF PCMC• He observed that there was still need to meet Minister of Information and Civic Education, Hon.

Patricia Kaliati M.P. • He therefore requested the Minister of Finance, Hon. Goodall Gondwe, if he could assist by facilitat-

ing that he and others in PCMC should meet Minister of Information, Hon. Patricia Kaliati.

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5.4 DIALOGUE ASPECT 4: HON. GOODALL GONDWE, MINISTER OF FINANCEHe begun by expressing the need to define the end product of the meeting. He therefore reviewed whathe had gathered as he listened to the previous speakers and drew the following conclusions:• That Hon. Goodwall Gondwe should help facilitate a process which could help resolve issues sur-

rounding the conduct of MBC and TVM particularly also that the funding of these two institutions hasa bearing on his ministry.

• That he provide guidance and advice on the possibility of funding MBC and TVM

He then proceeded to contributing to the discussion, responding to the requests made by earliercontributors as follows:• He brought the MBC and TVM budget to Parliament during last budget session because he had been

briefed that an understanding had been reached between TVM, MBC and PCMC. He said if he knewthat the situation had not changed he wouldn’t have taken MBC and TVM budget to Parliamentbecause it would not be worthwhile. He said he was actually confused by what really happened inParliament.

• He said that making plans to see how he could make sure that MBC and TVM should have funds tokeep running the institutions had been very difficult. He said that the two institutions have been rely-ing on borrowed money from commercial banks. He said that this was not sustainable because amongother reasons the loans were attracting interests.

• He said the meeting was therefore very appropriate for him because it would help resolve one of thechallenges his ministry was facing.

• He said if the discussions came to an agreement he and his officials in the ministry would sit downand consider (think) how the funding could be done. However, he said that this was a complicatedaffair but very impossible.

• On facilitating dialogue to resolve issues concerning the conduct of MBC and TVM, he said that sinceMBC and TVM have their respective boards of directors, it would be wise to start with them firstbecause they are the ones who deal with policy issues at these two institutions.

• He further pointed out that the financial aspect is easy to do and can be done but MCM has a difficulttask, that is, to strike a deal with MBC and TVM to stop doing what they have been doing.

• He mentioned that the ministry, aside of MCM’s initiative, was already looking at a way throughwhich the two broadcasters could be funded because they have to survive. “Without this initiative weare already looking at ways of funding TVM and MBC.”

5.5 DIALOGUE ASPECT 5: MCM EXECUTIVE • Making an observation on Hon. Minister’s last comment above, he said that information available at

MCM secretariat show that stakeholders are concerned that the backdoor funding of TVM and MBCis reinforcing or encouraging their current conduct which is the bone of contention.

• According to concerns raised by some stakeholders, MBC has not shown any sign of remorse andactually has expressed in various ways at different meetings and demonstrated through its pro-grammes that it does not need Parliament’s funding probably because treasury funds MBC throughother means.

• He therefore observed that funding MBC using other means would continue reinforcing the undesir-able tendencies the two broadcasters have clung to hitherto as per the stakeholders observations. Inother words, they may not see the need to be funded normally as they have demonstrated all along.

5.6 DIALOGUE ASPECT 6: HON. MINISTER OF FINANCE• “These people are making my work difficult”• “I’ll summon MBC and TVM to seriously talk to them” – gestures to Director of Economic Affairs to

take note of this• “In fact, they may not be able to secure anymore funding from commercial banks because they are

becoming risky organizations”

5.7 DIALOGUE ASPECT 7: HON. CHAIRPERSON OF PCMC• He queried and pointed out the anomalies that appear in the budget allocation/votes of MBC and TVM

that the term “Malawi Broadcasting House” which currently does not refer to an existing public insti-

tution but was meant to be adopted after a merger of MBC and TVM had been implemented.• He wondered whether the merger had been completed. • He said that they will fund MBC and TVM and then get the Communications Act process done quick-

ly before February next year.• He therefore urged the Hon. Minister of Finance to fund MBC and TVM quickly and then get the

Communications Act which should among other things accommodate the merger done quickly.

5.8 DIALOGUE ASPECT 8: HON. MINISTER OF FINANCE• “We are working on the merger” • “We are working on a way of finding resources”• “Allow MCM to play a role in this process”• He urged PCMC to leave the issue of MBC and TVM to MCM especially now that he had advised

and requested MCM to meet the two institutions respective boards on the two institutions’ conduct.• On the request regarding Minister of Information and Civic Education, Hon. Patricia Kaliati, he said

that he would immediately talk to her on the issues discussed.• “She will listen to me and she will go on to tell the President”• “I will also tell the president”• “I will meet MBC and tell them that you are making my job difficult. I’ll do the same with TVM also”. • “I will tell them that they are becoming a risky organization because banks look at certain things”.• “But you know the president has told me to privatise these two institutions because he also looks at

them as a problem”.

5.9 DIALOGUE ASPECT 9: LAW SOCIETY REPRESENTATIVE IN MCM NGC AND ECDC• Thanked the Hon Minister for accepting to play a role in the mediation and round table discussion

process• He said that during their meetings they thought that all along its government influence on MBC and

TVM• He observed that solutions to most of the challenges facing PCMC and MBC and TVM lie in politi-

cians.• He said “We were worried when we heard that MBC wanted to re-introduce makiyolobasi.

5.10 DIALOGUE ASPECT 10: HON MINISTER OF FINANCE• He said that the Hon minister of Information and Civic Education did that because she had been

denied resources for running the institution.

6.0 CONCLUSION

6.1 DIALOGUE ASPECT 11: HON. CHAIRPERSON OF PCMC• Took the members through a turn of rounds for an AOB• Each one of the members thanked the Hon. Minister of Finance for making himself available.• Each one of them expressed hope that the resolutions arrived at would be implemented• MCM ED and NGC Chair also thanked members of PCMC for cooperating with the Council in the

mediation talks and round table discussions. They said that they had humbled themselves and demon-strated maturity and leadership by putting the interest of Malawians before any other thing.

• MCM’s ED observed that PCMC had agreed to rescind Parliament’s decision not to fund MBC andTVM unconditionally.

6.2 DIALOGUE ASPECT 12: HON. CHAIRPERSON OF PCMC• He thanked Hon. Minister and said that they would like to see TVM and MBC being funded as soon

as possible. • He said the agreement as concluded at the second round table discussion between PCMC and MCM

was indeed to fund the two institutions without any conditions attached.• He therefore said that TVM and MBC be funded unconditionally • “We will proceed to informing the other PCMC members and our respective parties”

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6.3 DIALOGUE ASPECT 12: HON MINISTER OF FINANCE• He wondered why everyone was thanking him for making himself available to meet MCM and

PCMC.• He asked, “What could be more important than meeting you?”• “I am very happy because I was meeting important leadership of our society • “You are important leaders of our society. Like the vice chairperson of MCM has said, our country

cannot progress if we don’t meet”.

7.0 RESOLUTIONS7.1 The Minister of Finance, Hon. Godall Gondwe would talk to the Hon. Minister of Information

and Civic Education Hon. Patricia Kaliati as soon as possible probably the same day in theafternoon if she was in Lilongwe on the issues PCMC and MCM had raised.

7.2 The Minister of Finance would look at the best option of funding MBC and TVM. This wouldbe done as soon as possible

7.3 MCM would meet the respective boards of MBC and TVM to discuss the two broadcastersconduct and call for appropriate reform particularly that now we are approaching the 2009General Election

7.4 The Media Conference that the meeting particularly PCMC and MCM had planned to holdshould not be done because there would be a possibility that PCMC would say that they have‘told’ the government to fund MBC and TVM. If this would happen it would definitely not bepleasing to DPP.

7.5 PCMC should now not get involved in the issues of MBC and TVM but rather leave the taskof resolving their differences to MCM as a neutral mediating body.

Annex 19: Letter of Complaint from NAMISA

Media Council of Malawi

6thJune, 2008

Onions ComplexOff Chilambula RoadP.O. Box 30463Lilongwe 3, MalawiTel.: + 265 1 758090Email: [email protected]

The Executive Director,Media Council of Malawi (MCM),Private Bag A51Lilongwe,Malawi.

Dear Sir,

MALAWI BROADCASTING CORPORATION (MBC) CONDUCT

The National Media Institute of Southern Africa (Namisa) is concerned with the recent conduct ofthe Malawi Broadcasting Corporation (MBC).

Over the past few days, MBC has carried stories accusing other media institutions of being agents ofthe opposition and denting government’s image.

As you may have read from today’s edition of The Nation, MBC has been alleging in its news bul-letins, the last two days, that journalists working for other media houses are being financed by theUnited Democratic Front (UDF) to write negative stories about government and positive storiesabout the opposition.

Namisa views MBC’s conduct as a catalyst for media wars, a situation, which should be avoided atall costs, especially as we draw closer to the general elections. Namisa therefore requests the MediaCouncil to intervene as MBC’s conduct also borders on issues of ethics.

Yours faithful

INNOCENT CHITOSINATIONAL DIRECTOR

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Cross-section of journalists at a Press Conference organized by MCM

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ANNEX 20: Media Monitoring Report

Media Council of Malawi

EXECURIVE SUMMARYThis report is a Monthly Media Monitoring Report by Media Council of Malawi (MCM). The monitoring is doneas a means of establishing an assessment of the performance of media houses (both electronic and print) in relationto the Media Code of Ethics developed to enhance professionalism of journalism.

This report also serves the purpose of informing media houses especially the print media on how they are fairing inpromoting the credibility of the media in the eyes of the public.

MCM has in record, the complaints, retractions and apologies which were brought up to the attention of the Councilby some members of the public and were collected by the Council through the media monitoring exercise.This report has five chapters, the first chapter consists of the introduction which carries the rationale of this reportand the methodology used in coming up with the analysis.

The second chapter has the body which consists of the following subheadings: complaints forwarded to the Council,action taken by the Council on the complaints and the observations of the Council on the complaints made againstmedia houses.

The third chapter has retractions and apologies in the two big daily newspapers, namely the Daily Times andNation Newspaper and the different terms of retractions used in both papers and MCM’s observations on theretracted stories.

The fourth chapter has a conclusion and finally the fifth chapter carries the recommendations as made by theCouncil to various media houses on how they can help the Council achieve its vision of promoting a vibrant mediathat is professional and accountable to the public.

1.0 INTRODUCTION1.1 Media Council of Malawi (MCM), an independent, non profit, non political and self regula-

tory media organization has started a media monitoring exercise which will be used in assess-ing the performance of each media house in relation to the professional guidelines outlined inthe Media Code of Ethics.

1.2 The monitoring exercise includes a section on the retractions and apologies offered by thepress plus complaints raised by the public over the coverage of news by the media. MCM hasso far managed to track down apologies and retractions from the month of January up toSeptember 2008. However with regard complaints the report caries those recorded in themonth of September only.

1.3 This exercise will assist MCM in accomplishing its vision which is to promote a vibrantmedia that is professional and accountable to the public by assessing how media houses areserving the public.

2.0 JUSTIFICATION 2.1 The report will be used in assessing the performance of MCM in its quest to accomplish its objec-

tive of ensuring that proprietors, publishers, journalists, broadcasters and other media stakehold-ers adhere to the highest possible standards by strict compliance with the Code of Ethics.

2.2 The Media Code of Conduct require regular review as has been proven elsewhere because of thedynamism of the media industry due to the continuing change of ICT, culture and consumerismof media products. The report will therefore in this regard be a very useful tool in updating, main-taining and promoting the Code of Ethics and professional standards for media practitioners.

2.3 The report is also a very useful self regulatory tool because it will serve as a mirror for eachmedia house in terms of ethical and professional conduct.

2.4 To reduce incidences of litigations or lawsuits against the media which have been one mainreason for the folding up of media houses especially in the print media.

3.0 METHODOLOGY3.1 MCM developed the media monitoring guidelines that are used for checking the performance

of media houses. The monitoring is done on news bulletins aired by MBC, ZBS, Capital FM,FM101, and TVM and also the content of the two prominent newspapers namely Daily Timesand Nation Newspaper.

3.2 The Council has requested broadcasting schedules for electronic media houses to be used inthe monitoring exercise.

3.3 The information on the print media houses is based only on the papers that are made avail-able to the Council. MCM subscribes to The Nation, Weekend Nation, Daily Times, MalawiNews, Nation on Sunday and Sunday Times.

4.0 COMPLAINTS BY MEMBERS OF THE PUBLIC4.1 There have been complaints from the general public through calling the Council and other peo-

ple have complained through other media and/or channels of communication like the radio. 4.2 Below are complaints raised by the public over the media (both print and electronic media)

in the month of September 2008 only.

4.2.1 Honourable Berson Lijenda raised a complaint on 3rd and 4th September 2008 withregard to a news bulletin aired by MBC in its 7:00pm and 8:00pm news bulletin.Honourable Berson Lijenda made another complaint on Thursday 4th September overanother news bulletin made by MBC in its 12:30pm news cast.

4.2.2 The State House Press Officer Mr. Chikumbutso Mtumodzi Complainted over a frontpage article “Bingu Orders Stop Sale of Maize by Local Traders” in the NationNewspaper of Wednesday 3rd September 2008.

4.2.3 On 4th September, Gender Support Network Chairperson Emma Kaliya raised a com-plaint regarding the way she was quoted in The Nation newspaper of the same day.

The paper carried an article by Patricia Chileshe titled “50 % Women RepresentationUnattainable in Malawi” in which Ms Emma Kaliya was quoted as saying that 50%representation of women in decision making positions is to be achieved by 2015 andnot in next year’s general elections.Speaking on MBC Radio One during the lunch hour News Bulletin, Ms Kaliyaexplained that she was misquoted by The Nation. She claimed to have said that 2015is the target set by SADC to achieve 50% representation of women in decision mak-ing position in all SADC member states while Gender Support Network is targetingnext year’s election.

4.24 The Principal Secretary in the Ministry of Agriculture and Food Security Dr AndrewDaudi complained that he was misquoted in an article by Patricia Chileshe which wascarried by Nation Newspaper on Friday 5th September 2008 titled “FertilizerCoupons distribution Starts today.” The paper reported that all was set for this year’s distribution of coupons in the sub-sidized farm input programme instituted by government. But Dr. Daudi claimed hesaid that there are still other logistical arrangements that have to be made for govern-ment to start the exercise.

4.2.5 The Malawi National Football Team Coach Kinna Phiri raised a complaint on ZBSduring the morning news programme on 9th September 2008 soon after arriving fromDjibouti over a story in the Nation Newspaper.The Nation carried a story on 2nd September titled “FRICTION” by Garry Chirwa inwhich the Flames coach was quoted as saying other players in the national team werenot happy to be led by Peter Mponda as Captain of the team because he is currentlyplying for Mvela league lower than premier league and that he is not concerned withaffairs of his colleagues outside the pitch.

4.2.6 The Chief Executive of Privatization Commission Mr. Jimmy Lipunga refuted a storyby Kondwani Munthali which appeared on the front page of The Nation Newspaper

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of Tuesday 9th September 2008 titled “Govt finally selling Air Malawi, Offers 49% toCOMAIR”.According to Mr. Lipunga, Government was not planning to sell the country’s soleflag carrier Air Malawi as reported in the article. However Mr. Lipunga was not quot-ed in the story except where he indicated that he could only answer the reporterthrough a questionnaire, conversely this did not happen.

4.2.7 Complaint over an Internet article: DPP attack over Nation newspaper publicationinvolving Hon. Ntaba and Hon. Kaliati.

5.0 OBSERVATIONS ON THE COMPLAINTS5.1 MCM noted that, 29% of the complaints which came to the Council’s knowledge were from

the members of the public who actually know the existence of MCM because they have everinteracted with the council.

5.2 The other 71% were collected through the media monitoring excise by the Council in its questto review development in the media.

6.0 STEPS TAKEN BY COUNCIL FOLLOWING THE COMPLAINTS6.1 Media Council of Malawi called all the people whose complaints were aired on various media

houses and took this as an opportunity to inform them of the role the Council could play insuch area.

6.2 MCM also urged these people to inform others of the existence of this self regulatory bodywhich mediates, arbitrates and adjudicates on issues concerning the media and the public.

6.3 The people were further told of the existence of a committee within MCM called Ethics,Complaints and Disciplinary Committee which is there to look into complaints brought by thepublic.

6.4 According to the complaints and arbitration procedures that the Ethics, Complaints andDisciplinary Committee of MCM has developed, a person has to submit an official complaintwith the Council for the council to act on the complaint properly.

6.5 Meanwhile the Council is conducting consultative meetings with media practitioners on theCode of Ethics and Complaints and Mediation Procedures and thereafter will hold sensitiza-tion meetings with stakeholders and the public.

6.6 MCM is developing a Corporate Communications Strategy which includes publicity of itsprogrammes. MCM will therefore soon be carrying out awareness campaigns publicizing theComplaints and Arbitration Procedures and how the Ethics Committee operates and how itcan work with members of the public and of course the media.

7.0 RETRACTIONS AND APOLOGIES7.1 The table below represents the of number of retractions and apologies published in The

Nation and Daily Times newspapers since the month of January as of 20th September 2008.

7.2 The Nation Newspaper uses the terms retraction and apology, retraction (without an apology),correction and clarification. The table below illustrates the performance of The NationNewspaper as regards retractions and apologies.

7.3 The Daily Times Newspaper uses the terms clarifications and corrections. Below is a repre-sentation of the number of corrections and clarifications published by Daily TimesNewspaper.

8.0 OBSERVATIONS ON RETRACTIONS AND APOLOGIES8.1 There were no retractions or apologies from the sports and entertainment sections from both

The Nation and Daily Times newspapers despite the complaints from the sports fraternity thatthere was misrepresentation of sports news as outlined in Complaint 5.

8.2 In addition, most stories which were retracted in the two papers are mainly hard news stories,however, there was one correction titled ‘Kodi Alimi Angatani which came in the middle ofthe Nation Newspaper (We failed to track down the date of the newspaper).

8.3 The Nation newspaper has been publishing a retraction and apology on the story titled“Controversy surrounds Katsonga’s UK trip” for three consecutive days as of 19th September.The retraction and apology appeared in Nation newspaper from Wednesday 17th September toFriday 19th September 2008.

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Month

January

February

March

April

May

June

July

August

September

Aggregate in 9

months

Number of

stories

0

0

0

0

0

0

0

0

0

0

Retractions and

apologies

0

0

0

0

0

0

1

0

4

5

Corrections

0

0

0

0

1

0

1

0

0

2

Clarification

0

0

1

0

0

2

0

0

1

4

Retraction

0

0

0

1

0

0

0

0

0

1

Month

January

February

March

April

May

June

July

August

September

Aggregate in 9

months

Number of

stories

0

0

0

0

0

0

0

0

0

0

Retractions and

apologies

0

0

0

0

0

0

0

0

0

0

Corrections

0

2

1

0

0

1

2

0

0

6

Clarification

0

4

0

0

1

1

0

1

0

7

Retraction

0

0

0

1

0

0

0

0

0

0

Name of Newspaper

Month

January

February

March

April

May

June

July

August

September

Aggregate in 9 months

Number of retractions and

apologies in The Nation

0

0

1

1

1

2

2

0

5

12

Number of retractions and

apologies in Daily Times

0

6

1

0

1

2

2

1

0

13

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Seated from Left: Mr. A. Mulomole of MISA-Malawi Chapter and other journalists ata Press Conference

84 1st MCM Annual Report July 2007 - July 2008

9.0 CONCLUSIONa) The media has to stick to professionalism its quest to keeping the nation informed and abreast of every

development that is being implemented by the government and other people from the business sector.b) Unity among all media houses is the key to regaining the status of the media and the profession of

journalism. Remember no media house can please everyone at the same time but media practitionershould not compromise their professional standards just to please few individuals in the society.

c) Social responsibility should be incorporated in all the news gathered and disseminated in through themedia. This calls for self regulation on the part of the media houses. Media practitioners should knowthat they have no other obligation other than the public’s right to know the truth.

d) All in all, media practitioners should endeavor to uphold the integrity of the profession of journalismin all their activities whenever they are on duty.

10.0 RECOMMENDATIONSa) Media houses should enforce the code of ethics on media practitioners so that we continue to devel-

op a media that is vibrant, professional and accountable to the public.b) Media houses should submit their editorial policies and programme schedules to MCM as this will

assist the council in monitoring the media to make sure that media practitioner stick to professionalstandards outlined in the Code of Ethics.

c) Recognizing the fact that the media influence decisions people make in their daily lives, media hous-es should be extra cautious in how they deal with political news as we draw closer to the 19th May2009 General Elections.

d) MCM recognizes the wonderful work by media houses that pick interns in their organization.However MCM recommends that these interns should be given guidance during their work. Editorsshould pay more attention to the stories written by interns by crosschecking the facts and any otherinformation in the story. This recommendation is due to the observation that during the month ofSeptember an intern had the most number of stories where complaints originated.