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| National |
| Kasambara will lobby for media |
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by
Peter Makossah, 26 August 2004
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12:45:22
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The newly appointed Attorney General Ralph Kasambara said on Wednesday he will lobby relevant authorities in government for a review and repeal of laws that block access to information.
Kasambara said in an interview there is need to ensure that there is free flow of information in the country to allow transparency and accountability in government sectors, saying the media is crucial to the development of any democratic country the world over.
“I am aware that there are some laws that are oppressive to free flow of information and I will make sure that such laws are reviewed or if necessary repealed to allow free flow of information. I would like to work in a transparent manner and for that to be possible there is need for press freedom. That freedom can be guaranteed if our laws are media friendly,” said Kasambara.
National Media Institute of Southern Africa (Namisa) Malawi chapter Information and Research officer Innocent Chitosi said later the media body has since 1998 been lobbying government to review or repeal some laws to suit the democratic dispensation but that there was no political will to change the laws.
“We have since 1998 been asking government to review or if necessary repeal laws that are not media friendly but it seems there was no political will for that. The government kept promising us that they would do something about it but to-date nothing has been done.
Chitosi said Namisa believes that the newly appointed Attorney General will treat the matter with urgency.
“We have all the trust in Honourable Kasambara for we know he is a man of high professional morals. He is a man who values media and press freedom to greater heights. We believe that all the laws that oppress the execution of duties for media practitioners will be dealt with accordingly.
“Honourable Kasambara has already assured us that he will make sure that all laws that are not friendly to the media will be changed,” said Chitosi.
One law oppressive to press freedom is section 39 (39) of the Police Act (Cap 13:02) which prohibits police from disclosing any information on an ongoing investigation without due authority.
Section 60 of the Courts Act (Cap 3:02) allows a court to hear a case in camera. Other prohibitive laws are: section 4 of the protected flags, Emblems and Names act (Cap 18:03) sections 4 (1) 5 and 8 of the protected places Act (Cap 14:04) the Army Act (Cap 12:01) sections 60 and 89 and section 366 of the Criminal Procedure and Evidence Act (Cap 18:01)
Chitosi said these laws are undemocratic and contravene a number of international and regional legal instruments to which Malawi is signatory.
Press Freedom is guaranteed in the Republican Constitution under section 36 where it says “the press shall have the freedom to report and publish freely, within Malawi and abroad, and to be accorded the fullest possible facilities for access to public information,” but the media does not enjoy the section to the fullest.
President Bingu Mutharika officially appointed Kasambara, a private lawyer, to the post of Attorney General Tuesday this week, ending speculation about the future of the office.
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