VZCZCXRO1607
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHLG #0620 2961313
ZNR UUUUU ZZH
R 221313Z OCT 08
FM AMEMBASSY LILONGWE
TO RUEHC/SECSTATE WASHDC 0083
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHLMC/MCC WASHINGTON DC

UNCLAS LILONGWE 000620 
 
SENSITIVE 
SIPDIS 
 
STATE FOR AF/S - E. PELLETREAU 
STATE ALSO FOR AF/PDPA - L. ALLISON 
MCC FOR DIEDRA FAIR 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM MI
SUBJECT: MALAWI - REGULATOR TRYS TO PULL THE PLUG ON MULUZI-OWNED 
JOY RADIO 
 
¶1. (SBU) Summary: The Malawi Communications Regulatory Authority 
(MACRA) revoked the broadcasting license for privately owned and 
pro-opposition Joy Radio on October 17, effectively closing it down. 
 MACRA argued that the station's ownership was transferred illegally 
to former President Bakili Muluzi's family in violation of the 
Communications Act, which prohibits politicians from owning 
broadcasters.  Joy Radio obtained an injunction allowing it 
temporarily back on the air until a hearing can be held.  Media and 
civil society groups condemned MACRA's actions as unfair, pointing 
out that MACRA has failed to deal with the government's 
monopolization of the state broadcasters.  Comment: Even if the 
courts ultimately validate MACRA's shutdown of Joy Radio, most 
Malawians will view the action as politically motivated.  Moreover, 
the move will provide further ammunition for opposition claims that 
the upcoming elections will not be free or fair. End Summary. 
 
¶2. (U) On October 17, the Malawi Communications Regulatory Authority 
(MACRA) revoked the broadcasting license for privately owned and 
pro-opposition Joy Radio, effectively closing it down.  MACRA cited 
three reasons for the closure: 1) transfer of the station's 
ownership without notification to MACRA; 2) ownership by 
politicians, in violation of the Communications Act; and, 3) 
broadcasting of content not compliant with the provisions of the 
broadcasting license.  Joy Radio challenged MACRA's decision before 
the Malawi High Court, which subsequently issued an injunction 
restraining MACRA from revoking the license.  On Sunday, October 19, 
Joy Radio resumed broadcasting pending a judicial review of the 
regulatory body's actions.  MACRA responded by saying it would 
challenge the injunction. 
 
¶3. (SBU) Public condemnation of MACRA's move was strong.  Innocent 
Chitosi, Director of the Malawi chapter of the Media Institute of 
Southern Africa (NAMISA) described MACRA's action as "unfair, 
unfortunate and unprofessional."  Reverend Mc Donald Sembereka, 
Chairman of the Council for Non-Governmental Organizations of Malawi 
(CONGOMA), agreed publicly with NAMISA's stance, accusing the 
regulatory body of selectively applying the legislation on Joy Radio 
"while turning a blind eye on state-owned broadcasters' (Malawi 
Broadcasting Corporation and Television Malawi) unprofessional 
conduct." 
 
¶4. (SBU) Actual ownership of Joy Radio is difficult to verify.  Joy 
Radio Limited was established in 2002, soon after which Multi-Media 
Communications Property Limited and Rashid Nembo, a close business 
associate of former President and opposition United Democratic Front 
(UDF) leader Bakili Muluzi, acquired a controlling interest. 
Multi-Media Communications Property Limited was first incorporated 
in Lesotho in 1999 and later incorporated in Malawi in 2002. 
Following Multi-Media Communications' acquisition, Joy Radio Limited 
registered with MACRA, applied for, and obtained its broadcasting 
license.  MACRA now claims that the station's ownership has been 
transferred to Atupele Properties, a Malawian firm owned by Atupele 
Muluzi, Member of Parliament and son of the former President.  Joy 
Radio contends that ownership continues to rest with Multi-Media 
Communications.  Comment: Regardless of the actual ownership, 
control of the station's programming effectively resides with 
Muluzi. End Comment. 
 
¶5. (SBU) Comment: The Media Council of Malawi, a professional 
association established with USG support in 2007, appeared to make 
progress in September regarding the dispute between the government 
and Joy Radio, getting both Malawi Broadcasting Corporation (MBC) 
and Joy Radio to remove biased programs that might incite violence 
from the airwaves.  However, neither MACRA nor Minister of 
Information Patricia Kaliati was involved in the mediation.  With 
presidential and parliamentary elections in May 2009, the permanent 
shut down of Joy Radio would rob the UDF of its most prominent mouth 
piece.  Even if MACRA legally can pull Joy's license, the timing of 
the event will lead most to believe it was nothing more than a 
politically motivated act.  Furthermore, a shut down will give the 
UDF more ammunition for its claims that the upcoming elections 
cannot possibly be free and fair due to the governing Democratic 
Progressive Party's monopolization of the state broadcasters. 
 
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