Petitioners on MBC’s abusive conduct to wait for MACRA’s Complaints Committee Wednesday hearing

By Duncan Mlanjira

Following the action taken by Malawi Communications Regulatory Authority (MACRA) in summoning Malawi Broadcasting Corporation (MBC) to appear before the Election Broadcasting Monitoring & Complaints Committee on Wednesday, May 20, private lawyer Nicely Msowoya, Human Rights Defenders Coalition (HRDC), Church & Society of the CCAP Livingstonia Synod and Youth & Society (YAS), will await until the outcome of the hearing before taking further action.

The four petitioners had ordered MACRA to take MBC off-air at the close of business last Friday, May 15, for broadcasting offensive and vulgar comments that targeted Vice-president Saulos Chilima, failing which they would immediately file for an order in the High Court, compelling MACRA to close MBC until the professional personnel there at are flushed out and duly replaced.

However, in a letter to lawyers, Jivason & Company — representing the four petitioners — MACRA Director General, Godfrey Itaye says they cannot take off-air MBC Television and Radio as per their demand, as doing so is demanding that the regulator goes against natural justice requirements in its governing laws.

In an interview, Msowoya said they would now await the verdict of the Election Broadcasting Monitoring & Complaints Committee before proceeding with next course of action.

This committee is comprised of various stakeholders including Malawi Electoral Commission (MEC); MACRA; Malawi Law Society; MISA Malawi Chapter; Centre for Multiparty Democracy and for the first time, Malawi Human Rights Commission will also be in attendance to such hearings.

“Please be advised that MACRA takes its monitoring and enforcement role very seriously and will ensure that all necessary legal and regulatory action is taken against MBC in this case subject to natural justice requirements stipulated in our governing laws,” Itaye told the petitioners.

Following the public furore that attracted the offensive broadcast, MBC management suspended the culprits, Henry Haukeya, Mercy Zamawa, Kondwani Chinele and a video editor following public outcry for the use of swearwords against Chilima during a news broadcast on Monday evening and also issued a public apology.

However, public apology that MBC posted on social media platform, Facebook soon after the broadcast on May 11 did not convince people, saying the TV should first had offered it to the person that was insulted with the offensive and vulgar language — the Vice-President Saulos Chilima himself.

And the commentators felt that it should not have been posted on social media but rather on the same national broadcaster where it was aired.

The public apology, that attracted over 3,500 response comments, had over 90 percent totally refusing to accept it.

MBC has said it “unconditionally apologizes to all Malawians for a picture containing vulgar language which we carried in our 7pm Chichewa news bulletin on Television of Monday 11th May, 2020”.

“The picture was erroneously used. The beaming of the said picture with such vulgar words was not a deliberate action on our part, but a serious oversight on the part of those who are responsible for editing and quality control.

“MBC editorial policy does not in anyway condone the use of vulgar language in any mode on any of our platforms. 

“This serious mishap is sincerely regretted. Steps are being taken to remedy the same.”

But people are not buying it though MBC pledges to endeavour a thorough check of its content before it is brought on the public platform. 

“As a public broadcaster, we would like to state that the vulgar language  and the views expressed in the picture were not ours, they don’t represent the values we stand for, or promote. 

“The inconvenience caused  by the picture is deeply and sincerely regretted.”

But Wells Chataghalala Munthali and several others believe an “honest apology would have had an extension to the Veep, who was personally attacked and injured by your bulletin”. 

“There’s still pride here in that you are failing to come down and apologize directly to the Veep,” he said.

This was agreed by Hudson Kamamkhudza, Dayire wa Dayire, Wisdom Bwanali, Noel Ryan Kadammanja, Vita Mlambale Phiri, Ruth Brandinah Tandwe and several others, saying this shows the apology is just a face saver.

“[By not mentioning] the one more wronged by all your incompetence in your so called apology, that means you are not sincerely with this,” said Wisdom Bwanali.

Victors Santos Gunde suggests that the Director General Aubrey Sumbuleta should go live on TV to apologise and have the staff to be beamed as well, “then the nation will consider accepting your apology but for the mean time your apology is rejected”.

Lupeska Owen Temwani still believes this broadcast was well planned and calculated because if it was a mistake it should have been broadcast during the day.

“You planned to do it that time because you knew that everyone is watching,” he said. “These days MBC doesn’t hire based on professionalism.”

Wadza Kasonga reminded MBC that it is common knowledge that  news production goes through meticulous step — from a reporter to sub-editor and an editor.

He added that the said news broadcast couldn’t have failed to attract red signals during editing — “that was planned”.

Others believe that first the producer, editor, proofreader and anchor and all those on the broadcast line that check for clarity and censorship before cast should first be before the apology could be taken seriously.

Nellie Myburgh said: “We demand more than an inept apology. We seek justice.  

“Our taxes are being wasted by incompetent and unprofessional dunderheads. So we will certainly be looking for justice in its perfect sense. Apology not accepted. This behaviour has gone on for too long.”

More people concurred with those that feel this was all well calculated but now that its gone awry, the management was forced to make the public apology.

“This apology can’t be trusted because MBC is not trustworthy,” said Samuel Shaba. “The whole MBC needs to be cleaned up. You just wasted our tax money beaming profanity.

“You planned it, you achieved the nonsense, now offering fake apology. You are a disgrace.”

This assertion that this a calculated plan and well executed was also concurred by former MBC employee Patrick Njawala, on his Facebook profile, who said what happened is a blueprint of that organisation. 

“If you understand MBC-TV, then the gaffe that they have made and caught pants down with, is not a mistake on their part — it was intentional.

“Someone knew what they were doing and was prepared to gamble. It is just that they gambled all their chips and due to the timing they have lost. They will most likely get away with it. 

“At MBC-TV they do get away with murder, professional murder. But before you point an accusing finger at the one who ordered the other to be unethical and unprofessional or both, please take a moment and understand MBC-TV and how things operate there. 

“You will most likely hear nothing about this from most professional guys from there. They cannot and in all fairness should not comment. They are simply looking out for themselves. 

“To those aggrieved by the tendency of MBC-TV, and there are many — myself included — let us be aggrieved not simply because MBC broadcasted a profanity about Dr. Saulos Chilima. 

“Dr Chilima has just happened to be on the negative receiving end this time around. There have been others before him like Gwanda Chakuamba, Brown Mpinganjira, Dr. Justin Malewezi, Joyce Banda and there will be many more after by this or any other political regime that comes to power unless we put in checks and balances at MBC-TV,” Njawala said.

Wilford Mwamukonda reminded the public that last last time MBC branded as terrorists the Human Rights Defenders Coalition (HRDC) and when it backfired, the broadcaster issued an apology.