Friday, August 25, 2006
CAPACITY BUILDING PROPOSAL FOR MEDIA COUNCIL OF MALAWI
As a follow up to the Media Workshop that was held sometime in Blantyre this year, the Task Force that was chosen to chart the way forward for the Media Council of Malawi has come up with the attached proposal for your kind consideration.
Kindly be reminded that the main task of the group was to look into the ways of revamping the Council's secretariat and make proposals for activities that would make the Council to be seen to be responding to the needs of the industry and its members.
Therefore the proposal has two requests to make:
a) Funding for a revamped secretariat, which in this case is US $221,585.82 for three years (see Appendix I); and
b) Funding for the Council's initial programmes, which comes to $215,892.27 for the same three-year period (see Appendix II).
The total package sought therefore comes to US $ 437,478.09 or British Pound Sterling 296,860.12 at an exchange rate of Malawi Kwacha 112 to the Pound.
There are certainly many ways through which the package could be funded, and we are very willing to discuss the options with you at your convenient time and place.
Please note also that
a) the British Council in Malawi has accepted to fund the accreditation process for Malawian journalists
b) a Corruption Reporting Workshop (funded by the Anti-Corruption Bureau) is pending
c) the Media Council monitors the media as an ongoing exercise. The need for this activity will be more pronounced as move towards the 2004 parliamentary, presidential and local government elections.
For a comprehensive understanding of the ideals, goals and activities of the Media Council of Malawi, you will find attached a copy of the constitution of the Council (Appendix III).
Yours faithfully,
LZ Manda
Chairman, Task Force, Media Council of Malawi
CC: Mr FC Makoza, Chairman,
Media Council of Malawi
REVIEW OF THE MEDIA COUNCIL'S CAPACITY
PROJECT PROPOSAL
[A] INTRODUCTION
At a recent workshop organised by the Media Council of Malawi with the assistance of the British High Commission, among recommendations made in order to strengthen media operations in the country was a review of the Media Council so that it plays its role effectively. This was agreed upon in light of the fact that the Council is ineffective especially in enforcing ethical practice among journalists and media houses. The Council was also said to be weak in terms of maintaining a strong corporate image as well as gaining the trust of its members. Furthermore, it was noted that whatever the Council has been doing since establishment has been either inconsistent or non-transparent.
Of course, there are some Council initiatives that were hailed as landmark successes, like the publishing of a code of ethics and professional conduct. The Council, it was noted, has also held a number of workshops and media monitoring exercises. But these were not deemed enough in the wake of a lot of unethical reporting and the need for standards not only in training but also accreditation.
One of the major reasons cited for the Council's weakness was a weak secretariat. While office accommodation and some facilities have been available for the secretariat's services, it was felt that the human resource capacity needed to be looked into. Secondly, it was also felt that the Council's financial and resource development capacity has to be looked into.
Therefore a committee was selected to look into ways of how best the Council could be strengthened. When the committee first met on 27th April, 2002, it was decided, among other things, that a fresh project proposal be drafted for committee consideration before being passed on to a stakeholders workshop, which would guide a further way forward.
This proposal thus focuses on the secretariat and a suggested activity plan.
[B] THE SECRETARIAT
For the secretariat to be effective there is need for not only the accommodation, but also capable and sufficient staff in order to run the sort of programmes which would make the Council a key player in the media industry. The staff composition should therefore be as follows:
i) The Director, who should:
be in charge or the overall operations of the Council in its day to day activities
draft Council budgets and implement them when approved
act as secretary and advisor to the Media Council and AGM meetings
link up with donors in fund-raising for project/activity implementation
maintain dialogue with media service or industry organisations and individual members on all issues involving the Council and its activities
lead in membership recruitment and annual subscription drive
draft conditions of service for staff
be a spokesperson for the Council
consult the Council chairperson on matters of policy
perform duties as prescribed by the Constitution (see attached)
Qualifications: A minimum of a diploma in Journalism, Communications or any humanity discipline plus a minimum of five years journalistic/communications experience, part of which should have been in media practice or project management. Degree holders in the relevant disciplines will have an advantage. The candidate should demonstrate a lot of drive and interest in media development issues.
ii) The Programme Officer, who should:
be in charge of programme/activity implementation
draft project proposals
be writing reports for all activities
centralize the preparation for ethical violation or complaint cases for hearing by the Council
conduct research in areas of need as directed by the Director
deputize the Director when necessary
Qualifications: A minimum of a diploma in Journalism, Communications or any related humanity field plus a minimum of five years experience of journalistic work. Those with NGO or project experience will have an added advantage. The candidate should have a hands-on approach to work
iii) Administration Assistant, who should:
do office secretarial work
compile accounts for the Secretariat
assist the Programme Officer in running activities like workshops
ensure the security of all Council property by supervising the relevant support staff (the watchman)
through the Office Assistant, maintain a clean working environment
Qualifications: A good MSCE or equivalent school certificate, plus an advanced certificate in typing. An intermediate certificate in Book-keeping and Accounts will be a must. Those who have had experience in running busy offices in the NGO sector will be preferred.
iv) Office Assistant, whose duties shall be:
to assist the Secretary in maintaining a good working atmosphere at the Secretariat through, among others, doing general cleaning, receiving visitors, attending to mail and other communications issues
carrying out official errands for the Secretariat
Qualifications: Should have a minimum of a JCE and a marked fluency in English.
v) Security Guard, who will:
ensure the security of the Council's premises and property
clean up the surroundings of the premises
do daily security reports (verbally or, where required, in writing) to the Secretary/Office Assistant
Experience: A Junior Certificate of Education plus relevant experience.
NOTES:
1. The staff has to be employed on three-year renewable contracts.
2. Their salary packages include everything. And the staff will be responsible for their own tax obligations, unless special arrangements are entered into between the Council and relevant authorities.
APPENDIX I
SECRETARIAT BUDGET
ITEM AMOUNT (MK)
a) STAFF
1. Director's salary (12 x 80,000) 960,000
2. Programme Officer's salary (12 x 60,000) 720,000
3. Secretary's salary (12 x 30,000) 360,000
4. Office Assistant's salary (12 x 10,000) 120,000
5. Guard (12 x 5,000) 60,000
Sub-total 2,220,000
b) OFFICE
1. Office rent (12 x 20,000) 240,000
2. Water bills (12 x 3,000) 36,000
3. Electricity (12 x 3,000) 36,000
4. Fittings, painting & maintenance (60,000) 60,000
5. Office cleaning consumables (12 x 5,000) 60,000
Sub-total 432,000
c) COMMUNICATION
1. Four telephones (12 x 30,000) 360,000
2. Fax (12 x 10,000) 120,000
3. E-mail & Internet (12 x 5,000) 60,000
4. Postage (12 x 5,000) 60,000
5. Newsletter (3 x 20,000) 60,000
Sub-total 660,000
d) TRAVEL & ACCOMMODATION
1 Travel reimbursement (secretariat or consulting staff)
(12 x 15,000) 180,000
2. Accommodation (secretariat or consultants, 12 x 10,000) 120,000
Sub-total 300,000
e) EQUIPMENT & STATIONERY
1. Photocopier (500,000) 500,000
2. Computer set (500,000) 500,000
3. Office accessories (trays, cabinets, punches, etc) 60,000
4. Office stationery (12 x 15,000) 180,000
Sub-total 1,240,000
GRAND-TOTAL 4,852,000
NOTES:
1. The Council may apply for a one year aid package. But for a good take-off, there would be need for a two or three-year package. A three-year package is preferable in order to tally with staff contracts.
2. If the package is for two or more years, a 15% growth factor has to be computed into the base figure of US $63,843. In other words, the total sought for two years would be $63,843 + $73,419.45 = $137,262.45. For a three-year package it will be $63,734 + $73,419.45 + $84,432.37 = US $221,585.82
3. All major purchases for the Council should be made through a Council-approved open tendering system
APPENDIX II
ACTIVITY / PROGRAMME LIST FOR YEAR ONE
ACTIVITY IMPLEMENTING ESTIMATED
PARTNER(S) COST (MK)
1. Media Ethics Review Polytechnic 1,000,000
Workshop, Review of Nation Publications Ltd
Code of Ethics, AGM Malawi Institute of Journalism (MIJ)
2. Elections Coverage Polytechnic 1,000,000
Workshop Before the 2002 The Electoral Commission
Elections in Malawi
3. Promoting Ethics in Daily Times 100,000
The Newsroom: An Editors' Nation
One Day Consultation MBC
4. Managing the Media in a Misa Malawi (NAMISA) 75,000
Democracy: A Proprietors'
One Day Consultation
5. Accreditation Initiative Information Directorate 50,000
6. Standards in Training: A MIJ 1,500,000
Curriculum Review/ Polytechnic
Development Initiative
GRAND TOTAL 3,725,000
NOTES:
1. Each activity will have an elaborate proposal, stating the major objectives, target and number of beneficiaries/participants, logistical and budgetary issues, among others. The proposals will be developed in due course and subject to approval.
2. The actual activities should end up with formal reports or documents to be used as resources for further usage; for example, the curriculum development initiative has to produce a usable manual for all training and media institutions in the country. As such the budgets for such activities should include printing costs within the given/approved ceilings.
3. The proposed activities have been assigned to the following Task Force members for development and initial coordination:
Activity 1: Mr. L.Z.Manda
Activity 2: Mr. E.H.Chitsulo
Activity 3: Mrs. J.Karim & Mr. P.J.Kumwenda
Activity 4: Miss S. Mhura & Mr. M.Banda
Activity 5: Messrs. A.Fumulani and F.Mponda
Activity 6: Mr.E.H.Chitsulo
Activity 7: Mrs. E.Chipangula and Miss K.Kubwalo
4. For three years, the programmes' cost will be US $62,172 for Year I; $71,497.80 for Year II (that is allowing for a 15% growth factor); and $82,222.47 for Year III. The total will be $215,892.27.
5. The Council Director, as part of his assignment in his or her three-year contract, has to design programmes for years II and III, which will be approved by Council before funding. The programmes have to reflect the industry's needs at the time.
APPENDIX III
Media Council of Malawi Constitution
PREAMBLE
1. All media workers and media representatives gathered at Mangochi in the Republic of Malawi on 24 November 1996 reconfirm their conviction that:
1.1. The media which have as their primary function the duty to inform the public accurately and to comment fairly on matters of public interest, without fear or favour are fundamental to the existence, sustainability and development of any democracy state.
1. 2 The freedom of the media can best be protected by ensuring that proprietors, publishers, broadcasters, and others involved in the media, maintain the highest possible standards of professional conduct.
2. The conference therefore considers it desirable:
2.1. voluntarily apply a code of conduct as resolved in march 1995,and to set up a mechanism to ensure that such code is respected and compiled with, and to that end to adopt rules of procedure (hereinafter referred to as the “rules”) and to reconfirm the code (hereinafter referred to as the “code”) annexed hereto, and
2.2. to create the Media Council of Malawi (hereinafter referred to a the “Council”) which will operate according to the provisions
hereinafter set out.
3. There is hereby established the Media Council of Malawi which shall be
3.1 a legal person with perpetual succession
empowered to hold property in its own name, whether movable or immovable,
and
3..3 empowered to sure or be in its own name.
The members of the Council shall not be personally liable for the Council’s conduct or for any debts or liabilities incurred by the Council.
ARTICLE 1
FUNCTIONS AND OBJECTIVES
The objectives of the Council shall be to:
1.1. uphold and maintain the freedom o f 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;
1.2. assist in ensuring that proprietors, publishers, journalists, broadcasters, and others involved in the media, adhere to the highest possible standards by strict compliance with the code;
1.3. act as an independent complaints body and to consider and adjudicate upon alleged infringements of the code by the media subject to the jurisdiction of the Council;
1.4 research the professional standards of the media on its own initiative
1..5 serve as a mediation instrument whenever disputes between a media house and a member of the public is likely to be brought before a court of law, on the request of one or both the parties involved.
1.6 adjudicate upon any dispute that may arise from any agreement where the
parties to such agreement have consented in writing to be bound by such adjudication;
1.7 serve as a mediating instrument whenever disputes arise between proprietors/publishers and their staff on editorial matters, if both parties wish so, or to intervention necessary;
1. 8 act as a lobbying organisation on issues affecting the media, as the review of
laws and practices which are likely to restrict the supply of information of public interest and recommend appropriate reform, as well as the creation of an enabling economic environment for media development.
1.9. Research and report on development that may tend towards monopoly of
the media including changes in ownership, control and growth of media undertakings;
1.10 Keep under review development likely to restrict the supply of information of
public interest, and to investigate the conduct and attitude of a person, corporations or government bodies at all levels towards the media and to report to the public thereon;
1.11. Encourage an ongoing dialogue between the media and the public through conferences, seminars and other fora;
1.12. Ensure that the public in aware of the work of the council, its decisions, views
and Operations through periodic bulletins and annual reports.
1.13.1 Establish and operate an audit bureau of circulation and to conduct research relevant to media;
1.13.2 Provide independent consultancy services to publishers, broadcasters,
media associations and relevant organisations in the interest of developing an independent and pluralistic media;
1.14 Promote literacy and media awareness through schools and community media programmes, especially in rural areas;
1.15. Establish a legal fund and insurance policy for members
1.17. Do such other lawful things as may be in the interest of the Council and the media.
ARTICLE 2
ORGANS OF THE COUNCIL
1. The Council shall consist of
1.1 the Media Council of Malawi, and
1.2 the Conference of the Media Council of Malawi
ARTICLE 3
THE COUNCIL
1. The Council shall consist of fifteen members (hereinafter referred to as the
“councillors”) constituted as follows:
1.1 seven representatives of the media (“the media councillors”)
1.2 seven representatives of the public (“the public councillors”)
1.3 the chairperson
2. The media councillors shall be persons who at the time of their election or are
engaged in publishing or other media activities in a journalistic capacity, and are not office bears with the state or a political party. They shall not hold two or more offices with other media organisations.
3. The public councillors shall be persons who at the time of their appointment are not
qualified to be appointed as media councillors, are not office bearers with the state or a political party, and during their terms of office do not become actively engaged in publishing or media activities nor acquire financial interest in media activities.
4. The chairperson shall be a Judge of the High Court of Malawi or a person who is
qualified to be such a Judge, and has no financial or other material interest in media institutions. In the case of unavailability of such a Judge for the position, another personality of high in standing in the society of Malawi may be appointed.
5. The media councillors shall be elected by the media members of the conference,
taking into special consideration representative from fully functioning bodies and/or organisations and different types of media.
6. The public councillors shall be appointed by a joint meeting of all the media
councillors who shall endeavour to ensure that the person appointed broadly represents all major interest groups in Malawi.
Taking into special consideration nominations by
• the Malawi Law Society
• the Malawi Congress of Trade Unions
• the business Community
• the National Commission for Women
• religious bodies
• Human rights organisations
• the Council for Non Governmental Organisation.
These entities must be invited to nominate representatives at least four weeks before the meeting. If the joint meeting rejects certain nominations, the reasons must be given in writing.
7. Media Councillors will appoint a public councillor they deem fit to represent that sector of society. If one or more of the above entities cannot agree on a joint nomination, the nominees shall be put to the media councillors who will select the councillor(s).
8. The chairperson shall be appointed by the media councillors.
9. The Council shall appoint an acting chairperson who will serve in the absence of
the chairperson.
10. The councillors shall hold office for a term of two years, but may be re-elected for
one further term of office.
11. In the event of any councillor ceasing to be such prior to the expiry of his/her
term of office, the Council will appoint a replacement - in the case of media councillors from the nominations of the previous elections at the conference - who will serve until the next conference conference is held.
12. A councillor shall cease to be such if:
12.1 He/She resigns;
12.2 He/She becomes incapable for whatever reasons of fulfilling his/her duties on the
Council;
12.3 Two-thirds of the councillors in writing request his/her resignation on grounds of
misconduct or conduct considered by such members to be prejudicial to the objectives defined in Article 1.
12. A media councillor shall cease to be such if he/she ceases to be engaged in
publishing or other media activities in an administrative or journalistic capacity. A public councillor shall cease to be such if he/she ceases to fulfil the conditions defined in Article 3 (3) or of he/she is convicted of a crime.
ARTICLE 4
THE CONFERENCE OF THE MEDIA COUNCIL O F MALAWI
1. The Conference of the Media Council of Malawi (the “conference”) shall consist of:
1.1 the media members
1.2 associate members
2. Media members shall be open to all media institutions, i.e. publications,
broadcasting houses, professional associations and clubs, media training institutions, and the like.
2. Associate membership in the conference shall be open to all individuals of majority age and institutions in agreement with general objectives of the council to the Director of the Council before recognition of membership shall be conferred upon the applicant as specified in Article 11 (Finance) 1.1 All delegates at the founding conference held from 22nd to 24th November, 1996 are recognised as members of the course of the conference. Thereafter they have to comply with provision as outlined in sentence 1.
3. Any membership of the conference shall be subject to removal from membership.
4. By a two-thirds vote by the conference or a ruling by the Media Council if a member does not comply with an obligation according to Article 7, 1.2.2
5. The conference shall meet no less than once a year at such place and time as
shall be determined by the Council with a two-week notice.
6.1 All members of the Conference shall have the right to receive and debate
reports from the Council, and to determine the expenditure, revenue and assets
of the Council.
6.2 All media members shall have the right to
6.2.1 elect media representatives;
6.2.2 receive and approve audits of the finances of the Council;
6.2.3 amend the constitution, code of conduct, and the rules with a two-third
majority.
7. More than 50% of full membership shall form a quorum.
8. The media members have duty to
8.1 to endeavour to give publicity top the findings and statements of the Media
Council, without infringing onto their editorial independence
8.2 to provide the Media Council with copies of their publications, in the case of
print media
ARTICLE 5
THE DIRECTOR
1. The Council shall appoint a Director with a media and management background
for the day-to-day administration of the Council and such other senior staff they deem necessary.
2. In addition, the Director shall serve as the conciliator with the services of at least
one councillor who shall consider alleged infringements of the code and mediate between the parties with the objective of achieving a speedy settlement without reference to the Council periods of time as determined by the Council.
ARTICLE 6
POWERS OF THE COUNCIL
1. Without any way derogating from the powers conferred by this constitution, the
Council shall have the following specific powers to:
1.1 carry on the ordinary business of the Council and for that purpose hire suitable
premises and to purchase and lease furniture, office equipment, accessories and books;
1.2 control the funds and property of the Council and apply such funds in such a
manner as may be necessary to carry out its functions;
1.3 institute or defend legal proceedings by or on behalf of the Council in its name;
1.4 control its finances;
1.5 recover by legal proceedings, moneys or fines due in terms of this constitution or
imposed pursuant to powers granted herein;
1.6 to co-operate with other bodies, persons or associations in enforcing and giving
effect to its decisions;
1.7 employ, remunerate and discharge employees of the Council;
1.8 appoint special commissions and researchers to carry out special tasks within
the objectives as defined under Article 1.
1.9 collect and receive within its discretion financial contributions from the public or other institutions for the purpose of achieving the objectives as defined under Article 1.
1.10 enter into contract and to do such other things as may be necessary to achieve
the aim and objectives of the Council.
2. The Council shall not have powers to distribute any property, assets or profit of
the Council to any of the councillors whether during its existence or upon its winding up.
ARTICLE 7
SANCTIONS AND FINDINGS
1. Following any of an alleged infringement of the code by any media, the Council may
1.1 dismiss the complaint;
1.2 if a medium that is adjudged to have infringed to the code, is a member of the
conference:
1.2.1 reprimand the medium and /or
1.2.2 oblige the offering medium to publish the findings of the Council.
3. If a medium which is adjudged to have infringed the code is not a member of the
conference, the Council has to make its findings through both print and electronic media.
ARTICLE 8
PROCEDURE
1. Subject to the provisions of this constitution and the rules, the Council shall regulate and control its procedure and conduct in furthering and attaining the objectives defined in Article 1.
2. Alleged infringements of the code shall be referred to the conciliator in an
endeavour to achieve a settlement in accordance with the rules.
3. Where the conciliator is unable to achieve a settlement, the matter shall be referred
to the Council in accordance with the rules.
ARTICLE 9
BINDING AND ENFORCEMENT
1. All media bodies or institutions who are media members of the Conference shall
submit to the jurisdiction of the Council. Acceptance of such jurisdiction and of the obligation to comply with the Council’s decision in written form.
3. All such bodies or institutions shall
3.1 be bound by Council decisions and by directions of the Council, and
3.2 give full effect to directives and carry out all orders or instructions which may be
given to them by the Council in terms of article 7 hereof, in so far as it is within their powers to do so.
ARTICLE 10
MEETINGS OF THE COUNCIL
1. Meetings of the Council shall be at least three times a year once in each region
if possible.
2. The Chairperson may call an extraordinary meeting if in his/her opinion the
business to be transacted warrants such action.
3. A special meeting may be convened by the Director at the request of not less than five councillors. Such request shall be addressed to the Director in writing.
4. Not less than 7 days notice shall be given in writing of any meeting
of the Council unless all the councillors agree to accept shorter notice.
5. At any meeting of the Council, not less than eight members of the Council shall constitute a quorum. Voting rights of councillors shall not be delegated by proxy or otherwise.
6. It shall be the duty of any person appointed to adjudicate in any conflict of
interest which affects him/her and if, in the Chairperson’s opinion, such conflict exists, the person shall be disqualified from the matter in question.
6. Decisions by the Council shall be taken by a majority vote of those present. The
chairperson and councillors shall be entitled to cast in any matter to cast decided by them on show of hands or by ballot, but in the event of an equal number votes being cast, the Chairperson shall be entitled to exercise a casting vote.
ARTICLE 11
FINANCE
1. The annual monetary expenditure of the Council shall be by:
1.1 membership fees that are determined the Conference;
1.2 co-operation;
1.3 income generated by the Council in such a manner the Council may determine
from time to time, including fees earned from consultancies and related projects initiated by the Council.
2. The Director shall prepare the annual estimate of income and expenditure of
the Council (budget) and submit the same to the Council approval prior to the commencement of the financial year (calendar year), and with the approval by the conference in regard to membership fees.
2. A supplementary budget may be submitted and approved at any other time if the occasion warrants such action. Any income received from third parties must be contained in the financial report.
4. The Director opens, operates and closes bank accounts.
4. All cheques issued in the name of the Council shall be signed by the director and
the chairperson or the treasurer (designated from among the councillors) or the accountant and the Chairperson or the Treasurer.
5. Any councillor or the Chairperson attending a meeting of the Council or who is
engaged in any other official business for the Council shall be entitled to receive the funds of the Council:
6.1 travelling expenses (if applicable) and
6.2 a subsistence allowance, to be determined by the Council.
7. Where in his/her view hardship would otherwise result, the chairperson
may in his/her absolute discretion direct that travelling and /or subsistence allowance be paid from funds of the Council to any complainant or witness or any other person who is called to appear before the Director of the Council.
8. The Council shall identify certified auditors to audit the books.
ARTICLE 12
ALTERATION OF THE CONSTITUTION
Alteration of this constitution, the rules of procedure and the code of conduct shall require the approval of a two-thirds majority of the Council and afterwards of the media members of the conference. No alteration shall be effective unless 14 days written notice of a proposed alteration shall have been given to the Council and afterward to the conference.
ARTICLE 13
DISSOLUTION
1. The Council and /or the media members of the conference may at any time
terminate the existence of the Council if it appears to the members of the Council or the media members of the conference that the Council’s voluntary nature and independence are threatened. A resolution to dissolve the Council must be passed, at a special meeting called for the purpose, by a two-thirds majority of the councillors or the media or the media members of the conference present, which two-thirds shall be not less than a simple majority of the total media membership.
2. Not less than 21 days notice shall be given of any such meeting and this give
particulars of the purpose for the meeting is called.
3. If upon the dissolution of the Council there remain after the satisfaction of all
its debts and liabilities, any assets whatsoever, the same shall not be paid to or distribute among councillors, but shall be given or transferred to some other institution or among councillors, but shall be given or transferred to some other institution or institutions having objectives of the Council , to be determined by councillors or media members of the conference at the time of dissolution, and in default thereof, by a judge of the High Court of Malawi who may have or acquire jurisdiction in any matter.
THE MEDIA COUNCIL OF MALAWI
RULES OF PROCEDURE
It shall be the essence of the Council’s proceedings:
• that complaints be considered and adjudicated upon within the shortest possible time after the publication or broadcast of the matter giving rise to the complaints;
• that complaints be considered and adjudicated upon in an informal manner;
• that whenever possible the Council and parties will strive for a speedy and friendly settlement.
RULE 1
COMPLAINTS
1. “Complaints” shall include any person who or any association, body, corporation,
institution, organisation, society or reunion for the purpose of pursing the complaint.
2. “Respondent” shall include any person against whom or any association, body,
corporation or media organisation against which a complaint is made.
3. The respondent of a complaint relating to the media shall beb the proprietor of that
medium who may delegate representative(s) of the medium concerned, to act and appear in its stead in respect f any complaints dealt by the conciliator or the Council.
4. Subject to rule 1.7, a complaint shall be made as soon as possible, but not later
than ten days after the publication or the broadcast or other alleged breach of the code given to the complaint.
5. The complaint shall be made to the conciliator either in person, or by telephone
or in writing. “Writing” shall include cable, telex, fax and e-mail message. Where a complaint is made other than in writing it shall be confirmed forthwith in writing.
6. The conciliator shall accept complaint;
6.1 which is anonymous;
6.2 where has been threatened or is considered by the conciliator to be a possibility,
unless the complaint waives or undertakes to waive any right to claim civil relief in writing a form acceptable to the conciliator and within a time determined by him/her.
6. The conciliator may upon reasonable grounds accept late a complaint if in his
opinion there is good and satisfactory explanation for the delay.
7. Where the conciliator has accepted a complaint and the respondent offers to
settle the matter complained or by way of publication or otherwise, which in the opinion of the conciliator constitutes a reasonable and sufficient offer of settlement of the complaint, and the complaint refuses to accept such offer, the conciliator may withdraw his/her acceptance of the complaint.
8. Where the conciliator declines to accept a complaint on any of the grounds
specified in the rules 1.4 or 1.6 or withdraws his/her acceptance of a complaint under rule 1.8, the complaint may request the chairperson to review the conciliator’s decision. In the event of the chairperson overruling the conciliator’ decision, the matter shall proceed in terms or rule 2.
RULE 2
CONCILIATION PROCEDURE
1. Upon acceptance of a complaint by the conciliator, he/she shall immediately
transmit it to the respondent.
2. The conciliator shall forthwith endeavour to achieve a settlement in terms of the
constitution and rules.
3. The conciliator shall hold discussions with the parties on an informal basis with the
objective of achieving a speedy settlement. The parties shall be entitled t legal or any other representation at such proceedings.
4. If the complaint is not settled within seven days of its transmission to the
respondent, or within a reasonable longer period as the conciliator may direct, the matter should be referred to the Council for adjudication.
5. If the complaint is not settled within seven days of its transmission to the
respondent, or within a reasonably longer period as the conciliator may direct, the matter should be referred to the Council for adjudication.
6. In the event of failure of conciliation, the conciliator shall give opinion to the parties
as to the resolution of the dispute. If the parties accept this opinion within seven days of receipt thereto, it shall be binding on them as if it were decision of the Council. Should either party reject the opinion or fail to accept it timely, the matter shall immediately be referred to the Council for adjudication.
7. Upon the matte being referred to the Council for adjudication, the chairperson
shall determine a date, time and venue for considering the dispute which maybe immediately after receipt of the documents referred to in rule 3.
RULE 3
1. Where the dispute has been referred to the Council in terms of rule 2.5, the complainant shall within seven days of his/her being informed thereof submit a written statement to the conciliator.
2. The written statement by the complainant shall contain;
2.1 full particulars of the complaint and the substantive for the dispute;
2.2 a copy of the publication or a summary of the broadcast containing the matter
complained of;
2.3 names and addresses of witnesses, if applicable;
2.4 any other evidence in support of the complaint.
3. The conciliator shall submit a copy of the complainant’s statement respondent.
4. The respondent shall within seven days of the receipt of such statement submit a written statement to the conciliator which shall set out fully his/her defence to the complaint together with reference to supporting evidence, where necessary, including, the names and addresses of witnesses, if applicable. The conciliator shall submit a copy of the respondent’s statement and supporting documents to the complainant
5. The conciliator shall, within seven days of the conclusion of discussion before him submit to the chairperson a written report on the dispute which may be in the form of his/her opinion given in terms o rule 2.5
5 No further written material will be accepted from either party thereafter without the consent of the chairperson.
6. The conciliator 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 Council, but they are entitled to attend and address the Council.
7. The chairperson may request the partied to appear personally. The chairperson
shall advise the parties that an adverse inference may be drawn from failure to comply with such request without good cause and , in case of a respondent, that costs might be awarded against him/her.
7. The parties shall be entitled to legal or other representation when appearing
before the Council.
8. If one or more parties do appear before the Council, the proceedings shall take
the form of a round table discussion, not a trial. There shall be no formal taking of evidence and no new material may be introduced at the meeting without the consent of the chairperson acting on the advice of the Council.
10. The proceedings shall be public unless the chairperson rules otherwise
11. On completion of the discussions the parties and the public shall leave and the
Council shall make its adjudication.
12. If the Council finds against a respondent who is present, the respondent shall
be given an opportunity to address the Council mitigation of any penalty that may be imposed in terms of article 7 of the constitution.
RULE 4
FINDINGS OF THE COUNCIL
1. The conciliator shall cause any findings, reason for a finding and/or requirements
of the Council to be sent to the complainant and to the respondent who shall carry out the Council’s directions to put into effect any decision which the Council may have taken in terms of article 7 of the constitution.
6. The director shall keep on records all findings and reasons for findings by the Council.
7. Save where the chairperson has otherwise directed, the records referred to rule 4.2 shall be public documents.
As a follow up to the Media Workshop that was held sometime in Blantyre this year, the Task Force that was chosen to chart the way forward for the Media Council of Malawi has come up with the attached proposal for your kind consideration.
Kindly be reminded that the main task of the group was to look into the ways of revamping the Council's secretariat and make proposals for activities that would make the Council to be seen to be responding to the needs of the industry and its members.
Therefore the proposal has two requests to make:
a) Funding for a revamped secretariat, which in this case is US $221,585.82 for three years (see Appendix I); and
b) Funding for the Council's initial programmes, which comes to $215,892.27 for the same three-year period (see Appendix II).
The total package sought therefore comes to US $ 437,478.09 or British Pound Sterling 296,860.12 at an exchange rate of Malawi Kwacha 112 to the Pound.
There are certainly many ways through which the package could be funded, and we are very willing to discuss the options with you at your convenient time and place.
Please note also that
a) the British Council in Malawi has accepted to fund the accreditation process for Malawian journalists
b) a Corruption Reporting Workshop (funded by the Anti-Corruption Bureau) is pending
c) the Media Council monitors the media as an ongoing exercise. The need for this activity will be more pronounced as move towards the 2004 parliamentary, presidential and local government elections.
For a comprehensive understanding of the ideals, goals and activities of the Media Council of Malawi, you will find attached a copy of the constitution of the Council (Appendix III).
Yours faithfully,
LZ Manda
Chairman, Task Force, Media Council of Malawi
CC: Mr FC Makoza, Chairman,
Media Council of Malawi
REVIEW OF THE MEDIA COUNCIL'S CAPACITY
PROJECT PROPOSAL
[A] INTRODUCTION
At a recent workshop organised by the Media Council of Malawi with the assistance of the British High Commission, among recommendations made in order to strengthen media operations in the country was a review of the Media Council so that it plays its role effectively. This was agreed upon in light of the fact that the Council is ineffective especially in enforcing ethical practice among journalists and media houses. The Council was also said to be weak in terms of maintaining a strong corporate image as well as gaining the trust of its members. Furthermore, it was noted that whatever the Council has been doing since establishment has been either inconsistent or non-transparent.
Of course, there are some Council initiatives that were hailed as landmark successes, like the publishing of a code of ethics and professional conduct. The Council, it was noted, has also held a number of workshops and media monitoring exercises. But these were not deemed enough in the wake of a lot of unethical reporting and the need for standards not only in training but also accreditation.
One of the major reasons cited for the Council's weakness was a weak secretariat. While office accommodation and some facilities have been available for the secretariat's services, it was felt that the human resource capacity needed to be looked into. Secondly, it was also felt that the Council's financial and resource development capacity has to be looked into.
Therefore a committee was selected to look into ways of how best the Council could be strengthened. When the committee first met on 27th April, 2002, it was decided, among other things, that a fresh project proposal be drafted for committee consideration before being passed on to a stakeholders workshop, which would guide a further way forward.
This proposal thus focuses on the secretariat and a suggested activity plan.
[B] THE SECRETARIAT
For the secretariat to be effective there is need for not only the accommodation, but also capable and sufficient staff in order to run the sort of programmes which would make the Council a key player in the media industry. The staff composition should therefore be as follows:
i) The Director, who should:
be in charge or the overall operations of the Council in its day to day activities
draft Council budgets and implement them when approved
act as secretary and advisor to the Media Council and AGM meetings
link up with donors in fund-raising for project/activity implementation
maintain dialogue with media service or industry organisations and individual members on all issues involving the Council and its activities
lead in membership recruitment and annual subscription drive
draft conditions of service for staff
be a spokesperson for the Council
consult the Council chairperson on matters of policy
perform duties as prescribed by the Constitution (see attached)
Qualifications: A minimum of a diploma in Journalism, Communications or any humanity discipline plus a minimum of five years journalistic/communications experience, part of which should have been in media practice or project management. Degree holders in the relevant disciplines will have an advantage. The candidate should demonstrate a lot of drive and interest in media development issues.
ii) The Programme Officer, who should:
be in charge of programme/activity implementation
draft project proposals
be writing reports for all activities
centralize the preparation for ethical violation or complaint cases for hearing by the Council
conduct research in areas of need as directed by the Director
deputize the Director when necessary
Qualifications: A minimum of a diploma in Journalism, Communications or any related humanity field plus a minimum of five years experience of journalistic work. Those with NGO or project experience will have an added advantage. The candidate should have a hands-on approach to work
iii) Administration Assistant, who should:
do office secretarial work
compile accounts for the Secretariat
assist the Programme Officer in running activities like workshops
ensure the security of all Council property by supervising the relevant support staff (the watchman)
through the Office Assistant, maintain a clean working environment
Qualifications: A good MSCE or equivalent school certificate, plus an advanced certificate in typing. An intermediate certificate in Book-keeping and Accounts will be a must. Those who have had experience in running busy offices in the NGO sector will be preferred.
iv) Office Assistant, whose duties shall be:
to assist the Secretary in maintaining a good working atmosphere at the Secretariat through, among others, doing general cleaning, receiving visitors, attending to mail and other communications issues
carrying out official errands for the Secretariat
Qualifications: Should have a minimum of a JCE and a marked fluency in English.
v) Security Guard, who will:
ensure the security of the Council's premises and property
clean up the surroundings of the premises
do daily security reports (verbally or, where required, in writing) to the Secretary/Office Assistant
Experience: A Junior Certificate of Education plus relevant experience.
NOTES:
1. The staff has to be employed on three-year renewable contracts.
2. Their salary packages include everything. And the staff will be responsible for their own tax obligations, unless special arrangements are entered into between the Council and relevant authorities.
APPENDIX I
SECRETARIAT BUDGET
ITEM AMOUNT (MK)
a) STAFF
1. Director's salary (12 x 80,000) 960,000
2. Programme Officer's salary (12 x 60,000) 720,000
3. Secretary's salary (12 x 30,000) 360,000
4. Office Assistant's salary (12 x 10,000) 120,000
5. Guard (12 x 5,000) 60,000
Sub-total 2,220,000
b) OFFICE
1. Office rent (12 x 20,000) 240,000
2. Water bills (12 x 3,000) 36,000
3. Electricity (12 x 3,000) 36,000
4. Fittings, painting & maintenance (60,000) 60,000
5. Office cleaning consumables (12 x 5,000) 60,000
Sub-total 432,000
c) COMMUNICATION
1. Four telephones (12 x 30,000) 360,000
2. Fax (12 x 10,000) 120,000
3. E-mail & Internet (12 x 5,000) 60,000
4. Postage (12 x 5,000) 60,000
5. Newsletter (3 x 20,000) 60,000
Sub-total 660,000
d) TRAVEL & ACCOMMODATION
1 Travel reimbursement (secretariat or consulting staff)
(12 x 15,000) 180,000
2. Accommodation (secretariat or consultants, 12 x 10,000) 120,000
Sub-total 300,000
e) EQUIPMENT & STATIONERY
1. Photocopier (500,000) 500,000
2. Computer set (500,000) 500,000
3. Office accessories (trays, cabinets, punches, etc) 60,000
4. Office stationery (12 x 15,000) 180,000
Sub-total 1,240,000
GRAND-TOTAL 4,852,000
NOTES:
1. The Council may apply for a one year aid package. But for a good take-off, there would be need for a two or three-year package. A three-year package is preferable in order to tally with staff contracts.
2. If the package is for two or more years, a 15% growth factor has to be computed into the base figure of US $63,843. In other words, the total sought for two years would be $63,843 + $73,419.45 = $137,262.45. For a three-year package it will be $63,734 + $73,419.45 + $84,432.37 = US $221,585.82
3. All major purchases for the Council should be made through a Council-approved open tendering system
APPENDIX II
ACTIVITY / PROGRAMME LIST FOR YEAR ONE
ACTIVITY IMPLEMENTING ESTIMATED
PARTNER(S) COST (MK)
1. Media Ethics Review Polytechnic 1,000,000
Workshop, Review of Nation Publications Ltd
Code of Ethics, AGM Malawi Institute of Journalism (MIJ)
2. Elections Coverage Polytechnic 1,000,000
Workshop Before the 2002 The Electoral Commission
Elections in Malawi
3. Promoting Ethics in Daily Times 100,000
The Newsroom: An Editors' Nation
One Day Consultation MBC
4. Managing the Media in a Misa Malawi (NAMISA) 75,000
Democracy: A Proprietors'
One Day Consultation
5. Accreditation Initiative Information Directorate 50,000
6. Standards in Training: A MIJ 1,500,000
Curriculum Review/ Polytechnic
Development Initiative
GRAND TOTAL 3,725,000
NOTES:
1. Each activity will have an elaborate proposal, stating the major objectives, target and number of beneficiaries/participants, logistical and budgetary issues, among others. The proposals will be developed in due course and subject to approval.
2. The actual activities should end up with formal reports or documents to be used as resources for further usage; for example, the curriculum development initiative has to produce a usable manual for all training and media institutions in the country. As such the budgets for such activities should include printing costs within the given/approved ceilings.
3. The proposed activities have been assigned to the following Task Force members for development and initial coordination:
Activity 1: Mr. L.Z.Manda
Activity 2: Mr. E.H.Chitsulo
Activity 3: Mrs. J.Karim & Mr. P.J.Kumwenda
Activity 4: Miss S. Mhura & Mr. M.Banda
Activity 5: Messrs. A.Fumulani and F.Mponda
Activity 6: Mr.E.H.Chitsulo
Activity 7: Mrs. E.Chipangula and Miss K.Kubwalo
4. For three years, the programmes' cost will be US $62,172 for Year I; $71,497.80 for Year II (that is allowing for a 15% growth factor); and $82,222.47 for Year III. The total will be $215,892.27.
5. The Council Director, as part of his assignment in his or her three-year contract, has to design programmes for years II and III, which will be approved by Council before funding. The programmes have to reflect the industry's needs at the time.
APPENDIX III
Media Council of Malawi Constitution
PREAMBLE
1. All media workers and media representatives gathered at Mangochi in the Republic of Malawi on 24 November 1996 reconfirm their conviction that:
1.1. The media which have as their primary function the duty to inform the public accurately and to comment fairly on matters of public interest, without fear or favour are fundamental to the existence, sustainability and development of any democracy state.
1. 2 The freedom of the media can best be protected by ensuring that proprietors, publishers, broadcasters, and others involved in the media, maintain the highest possible standards of professional conduct.
2. The conference therefore considers it desirable:
2.1. voluntarily apply a code of conduct as resolved in march 1995,and to set up a mechanism to ensure that such code is respected and compiled with, and to that end to adopt rules of procedure (hereinafter referred to as the “rules”) and to reconfirm the code (hereinafter referred to as the “code”) annexed hereto, and
2.2. to create the Media Council of Malawi (hereinafter referred to a the “Council”) which will operate according to the provisions
hereinafter set out.
3. There is hereby established the Media Council of Malawi which shall be
3.1 a legal person with perpetual succession
empowered to hold property in its own name, whether movable or immovable,
and
3..3 empowered to sure or be in its own name.
The members of the Council shall not be personally liable for the Council’s conduct or for any debts or liabilities incurred by the Council.
ARTICLE 1
FUNCTIONS AND OBJECTIVES
The objectives of the Council shall be to:
1.1. uphold and maintain the freedom o f 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;
1.2. assist in ensuring that proprietors, publishers, journalists, broadcasters, and others involved in the media, adhere to the highest possible standards by strict compliance with the code;
1.3. act as an independent complaints body and to consider and adjudicate upon alleged infringements of the code by the media subject to the jurisdiction of the Council;
1.4 research the professional standards of the media on its own initiative
1..5 serve as a mediation instrument whenever disputes between a media house and a member of the public is likely to be brought before a court of law, on the request of one or both the parties involved.
1.6 adjudicate upon any dispute that may arise from any agreement where the
parties to such agreement have consented in writing to be bound by such adjudication;
1.7 serve as a mediating instrument whenever disputes arise between proprietors/publishers and their staff on editorial matters, if both parties wish so, or to intervention necessary;
1. 8 act as a lobbying organisation on issues affecting the media, as the review of
laws and practices which are likely to restrict the supply of information of public interest and recommend appropriate reform, as well as the creation of an enabling economic environment for media development.
1.9. Research and report on development that may tend towards monopoly of
the media including changes in ownership, control and growth of media undertakings;
1.10 Keep under review development likely to restrict the supply of information of
public interest, and to investigate the conduct and attitude of a person, corporations or government bodies at all levels towards the media and to report to the public thereon;
1.11. Encourage an ongoing dialogue between the media and the public through conferences, seminars and other fora;
1.12. Ensure that the public in aware of the work of the council, its decisions, views
and Operations through periodic bulletins and annual reports.
1.13.1 Establish and operate an audit bureau of circulation and to conduct research relevant to media;
1.13.2 Provide independent consultancy services to publishers, broadcasters,
media associations and relevant organisations in the interest of developing an independent and pluralistic media;
1.14 Promote literacy and media awareness through schools and community media programmes, especially in rural areas;
1.15. Establish a legal fund and insurance policy for members
1.17. Do such other lawful things as may be in the interest of the Council and the media.
ARTICLE 2
ORGANS OF THE COUNCIL
1. The Council shall consist of
1.1 the Media Council of Malawi, and
1.2 the Conference of the Media Council of Malawi
ARTICLE 3
THE COUNCIL
1. The Council shall consist of fifteen members (hereinafter referred to as the
“councillors”) constituted as follows:
1.1 seven representatives of the media (“the media councillors”)
1.2 seven representatives of the public (“the public councillors”)
1.3 the chairperson
2. The media councillors shall be persons who at the time of their election or are
engaged in publishing or other media activities in a journalistic capacity, and are not office bears with the state or a political party. They shall not hold two or more offices with other media organisations.
3. The public councillors shall be persons who at the time of their appointment are not
qualified to be appointed as media councillors, are not office bearers with the state or a political party, and during their terms of office do not become actively engaged in publishing or media activities nor acquire financial interest in media activities.
4. The chairperson shall be a Judge of the High Court of Malawi or a person who is
qualified to be such a Judge, and has no financial or other material interest in media institutions. In the case of unavailability of such a Judge for the position, another personality of high in standing in the society of Malawi may be appointed.
5. The media councillors shall be elected by the media members of the conference,
taking into special consideration representative from fully functioning bodies and/or organisations and different types of media.
6. The public councillors shall be appointed by a joint meeting of all the media
councillors who shall endeavour to ensure that the person appointed broadly represents all major interest groups in Malawi.
Taking into special consideration nominations by
• the Malawi Law Society
• the Malawi Congress of Trade Unions
• the business Community
• the National Commission for Women
• religious bodies
• Human rights organisations
• the Council for Non Governmental Organisation.
These entities must be invited to nominate representatives at least four weeks before the meeting. If the joint meeting rejects certain nominations, the reasons must be given in writing.
7. Media Councillors will appoint a public councillor they deem fit to represent that sector of society. If one or more of the above entities cannot agree on a joint nomination, the nominees shall be put to the media councillors who will select the councillor(s).
8. The chairperson shall be appointed by the media councillors.
9. The Council shall appoint an acting chairperson who will serve in the absence of
the chairperson.
10. The councillors shall hold office for a term of two years, but may be re-elected for
one further term of office.
11. In the event of any councillor ceasing to be such prior to the expiry of his/her
term of office, the Council will appoint a replacement - in the case of media councillors from the nominations of the previous elections at the conference - who will serve until the next conference conference is held.
12. A councillor shall cease to be such if:
12.1 He/She resigns;
12.2 He/She becomes incapable for whatever reasons of fulfilling his/her duties on the
Council;
12.3 Two-thirds of the councillors in writing request his/her resignation on grounds of
misconduct or conduct considered by such members to be prejudicial to the objectives defined in Article 1.
12. A media councillor shall cease to be such if he/she ceases to be engaged in
publishing or other media activities in an administrative or journalistic capacity. A public councillor shall cease to be such if he/she ceases to fulfil the conditions defined in Article 3 (3) or of he/she is convicted of a crime.
ARTICLE 4
THE CONFERENCE OF THE MEDIA COUNCIL O F MALAWI
1. The Conference of the Media Council of Malawi (the “conference”) shall consist of:
1.1 the media members
1.2 associate members
2. Media members shall be open to all media institutions, i.e. publications,
broadcasting houses, professional associations and clubs, media training institutions, and the like.
2. Associate membership in the conference shall be open to all individuals of majority age and institutions in agreement with general objectives of the council to the Director of the Council before recognition of membership shall be conferred upon the applicant as specified in Article 11 (Finance) 1.1 All delegates at the founding conference held from 22nd to 24th November, 1996 are recognised as members of the course of the conference. Thereafter they have to comply with provision as outlined in sentence 1.
3. Any membership of the conference shall be subject to removal from membership.
4. By a two-thirds vote by the conference or a ruling by the Media Council if a member does not comply with an obligation according to Article 7, 1.2.2
5. The conference shall meet no less than once a year at such place and time as
shall be determined by the Council with a two-week notice.
6.1 All members of the Conference shall have the right to receive and debate
reports from the Council, and to determine the expenditure, revenue and assets
of the Council.
6.2 All media members shall have the right to
6.2.1 elect media representatives;
6.2.2 receive and approve audits of the finances of the Council;
6.2.3 amend the constitution, code of conduct, and the rules with a two-third
majority.
7. More than 50% of full membership shall form a quorum.
8. The media members have duty to
8.1 to endeavour to give publicity top the findings and statements of the Media
Council, without infringing onto their editorial independence
8.2 to provide the Media Council with copies of their publications, in the case of
print media
ARTICLE 5
THE DIRECTOR
1. The Council shall appoint a Director with a media and management background
for the day-to-day administration of the Council and such other senior staff they deem necessary.
2. In addition, the Director shall serve as the conciliator with the services of at least
one councillor who shall consider alleged infringements of the code and mediate between the parties with the objective of achieving a speedy settlement without reference to the Council periods of time as determined by the Council.
ARTICLE 6
POWERS OF THE COUNCIL
1. Without any way derogating from the powers conferred by this constitution, the
Council shall have the following specific powers to:
1.1 carry on the ordinary business of the Council and for that purpose hire suitable
premises and to purchase and lease furniture, office equipment, accessories and books;
1.2 control the funds and property of the Council and apply such funds in such a
manner as may be necessary to carry out its functions;
1.3 institute or defend legal proceedings by or on behalf of the Council in its name;
1.4 control its finances;
1.5 recover by legal proceedings, moneys or fines due in terms of this constitution or
imposed pursuant to powers granted herein;
1.6 to co-operate with other bodies, persons or associations in enforcing and giving
effect to its decisions;
1.7 employ, remunerate and discharge employees of the Council;
1.8 appoint special commissions and researchers to carry out special tasks within
the objectives as defined under Article 1.
1.9 collect and receive within its discretion financial contributions from the public or other institutions for the purpose of achieving the objectives as defined under Article 1.
1.10 enter into contract and to do such other things as may be necessary to achieve
the aim and objectives of the Council.
2. The Council shall not have powers to distribute any property, assets or profit of
the Council to any of the councillors whether during its existence or upon its winding up.
ARTICLE 7
SANCTIONS AND FINDINGS
1. Following any of an alleged infringement of the code by any media, the Council may
1.1 dismiss the complaint;
1.2 if a medium that is adjudged to have infringed to the code, is a member of the
conference:
1.2.1 reprimand the medium and /or
1.2.2 oblige the offering medium to publish the findings of the Council.
3. If a medium which is adjudged to have infringed the code is not a member of the
conference, the Council has to make its findings through both print and electronic media.
ARTICLE 8
PROCEDURE
1. Subject to the provisions of this constitution and the rules, the Council shall regulate and control its procedure and conduct in furthering and attaining the objectives defined in Article 1.
2. Alleged infringements of the code shall be referred to the conciliator in an
endeavour to achieve a settlement in accordance with the rules.
3. Where the conciliator is unable to achieve a settlement, the matter shall be referred
to the Council in accordance with the rules.
ARTICLE 9
BINDING AND ENFORCEMENT
1. All media bodies or institutions who are media members of the Conference shall
submit to the jurisdiction of the Council. Acceptance of such jurisdiction and of the obligation to comply with the Council’s decision in written form.
3. All such bodies or institutions shall
3.1 be bound by Council decisions and by directions of the Council, and
3.2 give full effect to directives and carry out all orders or instructions which may be
given to them by the Council in terms of article 7 hereof, in so far as it is within their powers to do so.
ARTICLE 10
MEETINGS OF THE COUNCIL
1. Meetings of the Council shall be at least three times a year once in each region
if possible.
2. The Chairperson may call an extraordinary meeting if in his/her opinion the
business to be transacted warrants such action.
3. A special meeting may be convened by the Director at the request of not less than five councillors. Such request shall be addressed to the Director in writing.
4. Not less than 7 days notice shall be given in writing of any meeting
of the Council unless all the councillors agree to accept shorter notice.
5. At any meeting of the Council, not less than eight members of the Council shall constitute a quorum. Voting rights of councillors shall not be delegated by proxy or otherwise.
6. It shall be the duty of any person appointed to adjudicate in any conflict of
interest which affects him/her and if, in the Chairperson’s opinion, such conflict exists, the person shall be disqualified from the matter in question.
6. Decisions by the Council shall be taken by a majority vote of those present. The
chairperson and councillors shall be entitled to cast in any matter to cast decided by them on show of hands or by ballot, but in the event of an equal number votes being cast, the Chairperson shall be entitled to exercise a casting vote.
ARTICLE 11
FINANCE
1. The annual monetary expenditure of the Council shall be by:
1.1 membership fees that are determined the Conference;
1.2 co-operation;
1.3 income generated by the Council in such a manner the Council may determine
from time to time, including fees earned from consultancies and related projects initiated by the Council.
2. The Director shall prepare the annual estimate of income and expenditure of
the Council (budget) and submit the same to the Council approval prior to the commencement of the financial year (calendar year), and with the approval by the conference in regard to membership fees.
2. A supplementary budget may be submitted and approved at any other time if the occasion warrants such action. Any income received from third parties must be contained in the financial report.
4. The Director opens, operates and closes bank accounts.
4. All cheques issued in the name of the Council shall be signed by the director and
the chairperson or the treasurer (designated from among the councillors) or the accountant and the Chairperson or the Treasurer.
5. Any councillor or the Chairperson attending a meeting of the Council or who is
engaged in any other official business for the Council shall be entitled to receive the funds of the Council:
6.1 travelling expenses (if applicable) and
6.2 a subsistence allowance, to be determined by the Council.
7. Where in his/her view hardship would otherwise result, the chairperson
may in his/her absolute discretion direct that travelling and /or subsistence allowance be paid from funds of the Council to any complainant or witness or any other person who is called to appear before the Director of the Council.
8. The Council shall identify certified auditors to audit the books.
ARTICLE 12
ALTERATION OF THE CONSTITUTION
Alteration of this constitution, the rules of procedure and the code of conduct shall require the approval of a two-thirds majority of the Council and afterwards of the media members of the conference. No alteration shall be effective unless 14 days written notice of a proposed alteration shall have been given to the Council and afterward to the conference.
ARTICLE 13
DISSOLUTION
1. The Council and /or the media members of the conference may at any time
terminate the existence of the Council if it appears to the members of the Council or the media members of the conference that the Council’s voluntary nature and independence are threatened. A resolution to dissolve the Council must be passed, at a special meeting called for the purpose, by a two-thirds majority of the councillors or the media or the media members of the conference present, which two-thirds shall be not less than a simple majority of the total media membership.
2. Not less than 21 days notice shall be given of any such meeting and this give
particulars of the purpose for the meeting is called.
3. If upon the dissolution of the Council there remain after the satisfaction of all
its debts and liabilities, any assets whatsoever, the same shall not be paid to or distribute among councillors, but shall be given or transferred to some other institution or among councillors, but shall be given or transferred to some other institution or institutions having objectives of the Council , to be determined by councillors or media members of the conference at the time of dissolution, and in default thereof, by a judge of the High Court of Malawi who may have or acquire jurisdiction in any matter.
THE MEDIA COUNCIL OF MALAWI
RULES OF PROCEDURE
It shall be the essence of the Council’s proceedings:
• that complaints be considered and adjudicated upon within the shortest possible time after the publication or broadcast of the matter giving rise to the complaints;
• that complaints be considered and adjudicated upon in an informal manner;
• that whenever possible the Council and parties will strive for a speedy and friendly settlement.
RULE 1
COMPLAINTS
1. “Complaints” shall include any person who or any association, body, corporation,
institution, organisation, society or reunion for the purpose of pursing the complaint.
2. “Respondent” shall include any person against whom or any association, body,
corporation or media organisation against which a complaint is made.
3. The respondent of a complaint relating to the media shall beb the proprietor of that
medium who may delegate representative(s) of the medium concerned, to act and appear in its stead in respect f any complaints dealt by the conciliator or the Council.
4. Subject to rule 1.7, a complaint shall be made as soon as possible, but not later
than ten days after the publication or the broadcast or other alleged breach of the code given to the complaint.
5. The complaint shall be made to the conciliator either in person, or by telephone
or in writing. “Writing” shall include cable, telex, fax and e-mail message. Where a complaint is made other than in writing it shall be confirmed forthwith in writing.
6. The conciliator shall accept complaint;
6.1 which is anonymous;
6.2 where has been threatened or is considered by the conciliator to be a possibility,
unless the complaint waives or undertakes to waive any right to claim civil relief in writing a form acceptable to the conciliator and within a time determined by him/her.
6. The conciliator may upon reasonable grounds accept late a complaint if in his
opinion there is good and satisfactory explanation for the delay.
7. Where the conciliator has accepted a complaint and the respondent offers to
settle the matter complained or by way of publication or otherwise, which in the opinion of the conciliator constitutes a reasonable and sufficient offer of settlement of the complaint, and the complaint refuses to accept such offer, the conciliator may withdraw his/her acceptance of the complaint.
8. Where the conciliator declines to accept a complaint on any of the grounds
specified in the rules 1.4 or 1.6 or withdraws his/her acceptance of a complaint under rule 1.8, the complaint may request the chairperson to review the conciliator’s decision. In the event of the chairperson overruling the conciliator’ decision, the matter shall proceed in terms or rule 2.
RULE 2
CONCILIATION PROCEDURE
1. Upon acceptance of a complaint by the conciliator, he/she shall immediately
transmit it to the respondent.
2. The conciliator shall forthwith endeavour to achieve a settlement in terms of the
constitution and rules.
3. The conciliator shall hold discussions with the parties on an informal basis with the
objective of achieving a speedy settlement. The parties shall be entitled t legal or any other representation at such proceedings.
4. If the complaint is not settled within seven days of its transmission to the
respondent, or within a reasonable longer period as the conciliator may direct, the matter should be referred to the Council for adjudication.
5. If the complaint is not settled within seven days of its transmission to the
respondent, or within a reasonably longer period as the conciliator may direct, the matter should be referred to the Council for adjudication.
6. In the event of failure of conciliation, the conciliator shall give opinion to the parties
as to the resolution of the dispute. If the parties accept this opinion within seven days of receipt thereto, it shall be binding on them as if it were decision of the Council. Should either party reject the opinion or fail to accept it timely, the matter shall immediately be referred to the Council for adjudication.
7. Upon the matte being referred to the Council for adjudication, the chairperson
shall determine a date, time and venue for considering the dispute which maybe immediately after receipt of the documents referred to in rule 3.
RULE 3
1. Where the dispute has been referred to the Council in terms of rule 2.5, the complainant shall within seven days of his/her being informed thereof submit a written statement to the conciliator.
2. The written statement by the complainant shall contain;
2.1 full particulars of the complaint and the substantive for the dispute;
2.2 a copy of the publication or a summary of the broadcast containing the matter
complained of;
2.3 names and addresses of witnesses, if applicable;
2.4 any other evidence in support of the complaint.
3. The conciliator shall submit a copy of the complainant’s statement respondent.
4. The respondent shall within seven days of the receipt of such statement submit a written statement to the conciliator which shall set out fully his/her defence to the complaint together with reference to supporting evidence, where necessary, including, the names and addresses of witnesses, if applicable. The conciliator shall submit a copy of the respondent’s statement and supporting documents to the complainant
5. The conciliator shall, within seven days of the conclusion of discussion before him submit to the chairperson a written report on the dispute which may be in the form of his/her opinion given in terms o rule 2.5
5 No further written material will be accepted from either party thereafter without the consent of the chairperson.
6. The conciliator 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 Council, but they are entitled to attend and address the Council.
7. The chairperson may request the partied to appear personally. The chairperson
shall advise the parties that an adverse inference may be drawn from failure to comply with such request without good cause and , in case of a respondent, that costs might be awarded against him/her.
7. The parties shall be entitled to legal or other representation when appearing
before the Council.
8. If one or more parties do appear before the Council, the proceedings shall take
the form of a round table discussion, not a trial. There shall be no formal taking of evidence and no new material may be introduced at the meeting without the consent of the chairperson acting on the advice of the Council.
10. The proceedings shall be public unless the chairperson rules otherwise
11. On completion of the discussions the parties and the public shall leave and the
Council shall make its adjudication.
12. If the Council finds against a respondent who is present, the respondent shall
be given an opportunity to address the Council mitigation of any penalty that may be imposed in terms of article 7 of the constitution.
RULE 4
FINDINGS OF THE COUNCIL
1. The conciliator shall cause any findings, reason for a finding and/or requirements
of the Council to be sent to the complainant and to the respondent who shall carry out the Council’s directions to put into effect any decision which the Council may have taken in terms of article 7 of the constitution.
6. The director shall keep on records all findings and reasons for findings by the Council.
7. Save where the chairperson has otherwise directed, the records referred to rule 4.2 shall be public documents.
