All countries in the Southern African region now have legislation in place for a diverse media environment. However, broadcasting remains controlled, either directly or indirectly, by the state, notes AMARC Africa in the publication Legislation & Community Media for Southern Africa: A Guide. Broadcasting regulatory systems keep ownership and access to broadcasting very much in the control and/or favour of the political elite. It is unusual for countries to have anything like independent regulators with policies that, for example, recognise three tiers of broadcasting (community, commercial and public) and thereby seek to promote some kind of diversity through licensing and allocation of frequencies, AMARC noted.
The crucial role of community broadcasting in developing countries was further reaffirmed at the Southern African Development Community Conference on Parliaments and Broadcasting Reforms held in Ezulwini, Swaziland in April 2006.

At the conference, participants drafted a resolution stating that, among others, people have the right to expect that radio and television contribute to access of information for all citizens and to actively further development based on the fundamental values of democracy.

The resolution further states that state broadcasters should be transformed into public broadcasters serving all citizens of a country irrespective of their gender, political, and cultural beliefs, and therefore are accountable to the public at large through a board that protects editorial independence, and is protected against interference of a political or economic nature, appointed in an open and transparent process, and accountable to the legislature.

AMARC notes that to date, only South Africa has a community radio regulation governed by a democratic constitution guaranteeing the rights of freedom of expression and access to information. The following illustrates the state of community radio in Southern African countries.

Lesotho

Policies and legislation
Lesotho does not have any legislation that specifically governs community radio.
The Lesotho Telecommunications Authority Act of 2000 provides for public and private radio stations.
Private radio stations may either be run by commercial or community broadcasters.
It is left to applicants to declare themselves as community radio broadcasters.
The laws are very liberal, and encourage as wide coverage of the country as is possible.

Constraints
There is no particular legislation providing for community broadcasters.
There are no incentives for business people to support community media.
Government ministries are generally reluctant to support community broadcasting initiatives.
There is also no media ombudsmancurrently complaints are handled by the high courts.

Infrastructure and existing services
Radio stations: 2 commercial stations, 2 religious stations
Public radio: Radio Lesotho (public)
Radios: 20,000
Existing community radio stations: MOAFRIKA FM (Recently, the editor of
MOAFRIKA FM was invited to participate in the Lesotho Vision 2020
Programme where the media was recognised as a Fourth Estate of Governance.)


Malawi

Policies and legislation
The Malawi Communications Act was passed in November 1998.
This Act established the Malawi Communications Authority, an independent regulatory authority, which is responsible for issuing broadcasting licences.
This Act also reconstituted the Malawi Broadcasting Corporation as a public broadcaster, and provided a legal framework for other matters concerning the regulation and provision of telecommunications, broadcasting, and postal systems in the country.
There is no specific consideration for community radio.

Constraints
The Constitution of Malawi guarantees freedom of the press, however, community media is closely monitored for political engagement and adherence to conditions of the license.
As there is no specific regulation for community broadcasters, they fall under the same legislation as commercial broadcasters, which means that they have no special protection from financial vulnerability.

Infrastructure and existing services
Radio stations: 9 AM and 4 FM, plus 15 repeater stations, 3 short-wave (1998)
Public radio: Malawi Broadcasting Corporation (MBC)three government-controlled radio stations
Radios: 2.6 million (1997)
Existing community radio stations: Islamic Radio, Dzimwe Community
Radio, Mamwa, Mzimba (Kitwe) Community Radio Initiative.


Namibia

Policies and legislation
Currently, licences are issued according to the Namibian Communications
Commission Act, 1992 (Act 4 of 1992) which was advertised in the Government Gazette (No.802 25th February 1994).
Namibias Draft Communications Bill 2003 is currently under discussion. If adopted this Bill will establish the Communications Authority of
Namibia (CAN) which will serve as the new regulating authority to oversee communication and broadcasting.
As with existing laws, this new Bill does not differentiate between commercial and community radio stations, and they go through the same application procedures.

Constraints
The current situation is not favourable towards community radio, with no separate provision for community radio broadcasters, and there have been objections to the Draft Bill for these reasons.
Obtaining funding for community radio broadcasting is difficult. Because privateand communit radio stations compete for the same
licences, there is some concern that this gives an advantage to private stations.

Infrastructure and existing services
Radio stations: 5 private stations, some having relay transmitters
Public radio: Namibian Broadcasting Corporation (NBC)9 radio stations on FM and short wave services in all major language groups of Namibia and in English.
Radios: 230,000*
Existing community radio stations: 5

South Africa

Policies and legislation
Community Radio regulation is governed by the democratic constitution of
South Africa, guaranteeing the rights of freedom of expression and access to information.
Broadcasting is controlled by the Independent Communications Authority of South Africa (ICASA), and guided by the ICASA Act of 2000,
Broadcasting Act 4 of 1999 the Telecommunications IBA Act of 1993 and Act 12 of 1997.

South Africas specific regulations for community radio initially allowed for one-year licences.
Since 1996, four-year licences have also been awarded.

Constraints
There are a number of support services available to community media in
South Africa, but the legislation does not actively promote the sector.


Swaziland

Policies and legislation
There is currently no legislation concerning the media, and no laws governing the media in Swaziland.
The Ministry of Public Service and Information is currently developing a policy on ICT and Mass Communications.
The policy document is currently under discussion, and the Ministry has invited all stakeholders to discuss and give inputs to the policy.
The licensing process in the Draft policy is based on South Africas policy.

Constraints
The lack of any legislation for the media, including Community Radio, is a constraint, but the new Bill should give clarity to the situation with specific legislation for community radio stations.
There are strictly enforced laws governing media commentary which is regarded as critical of the Monarchy.

Infrastructure and existing services
Radio stations: 3 AM, 4 FM and 1 short-wave (1998).
Public radio: Swaziland Broadcasting and Information service provides two stations, one in Siswati, and one in English as well as a news
service and a music-recording studio.
Radios: 500,000*
Existing community radio stations: Lubombo Community Radio Forum
Other Media Networks: MISA Swaziland, Swaziland National Association of Journalists, Swaziland Media Womens Association.

Zambia

Policies and legislation
Zambia National Broadcasting Corporation (ZNBC) currently controls broadcasting in Zambia
ZNBC informs the Ministry of Information as to which frequencies are available.
ZNBC maintains ownership of these frequencies.
There is no separate legislation for community radio, and both commercial and community radio stations are registered as community
broadcasters.

Constraints
The large degree of control by ZNBC and lack of policy recognition for community media is a constraint.
There is some advocacy aimed at improving this situation with the Independent Broadcasting Authority Act.
Infrastructure and existing services
Radio stations: There are many radio stations in Zambia, including
Public stations, religious broadcasters, private, and community radio stations.
Public radio: Zambia National Broadcasting Corporation has three radio stations, one broadcasting in seven Zambian languages, and two in English
Radios: 1.3 million*
Existing community radio stations: Chikaya Community Radio, Radio Mazabuka, Radio Dove, Radio Lyambai, Hone FM and Radio Mano.

Zimbabwe

Policies and legislation
The Broadcasting Services Act was adopted by parliament in 2001.
There is further reference to broadcasting in the Access to Information and Protection of Privacy Act.
These Acts refer to radio broadcasting generally, with little specifics on community radio.

Constraints
The political situation in Zimbabwe is unstable at the moment and the independent media have been particularly vulnerable.
The Broadcasting Authority of Zimbabwe (BAZ) is not an independent body; its members are appointed by the Minister of Information.
There is some ambiguity in the current application process, as the decision to grant a licence is taken by the Minister of Information.
However, this has recently been challenged in court and found to be unconstitutional. It is as yet undecided who will make application
decisions.

Infrastructure and existing services
Radio stations: 8 AM, 18 FM and no short-wave
Radios: 1 million*
Existing community radio stations: There are currently no registered community radio stations in the country. However, Radio Dialogue, and Radio Voice of the People can be defined as community radio by their operation.

*This information was sourced from the Commonwealth Broadcaster Directory 2002 published by Commonwealth Broadcasting Association Secretariat, London.

Source:

AMARC Africa. (2005). Legislation & Community Media for Southern Africa: A Guide. Perkins (Ed.). Retrieved, September 12, 2006, from
<http://www.catia.ws/Documents/Indexpage/Southern%20Africa%20booklet.pdf>

Mtimde, Lumko (2003). Community radio and Information Society: Role of community broadcasting in community development. Retrieved, September 12, 2006, <http://www.ourmedianet.org/members/Mtimde/AAtimde_/CASAAmarc8.rtf>