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· ALERTDate: November 2005Persons/Institutions: Media and citizens of MozambiqueViolation: Legislation (positive)MISA Mozambique announced in November that it had completed a draft bill on freedom ofinformation, ready to be considered by the country’s parliament, the Assembly of the Republic.MISA Mozambique had spent three years drafting and redrafting this document which, accordingto Salomao Moyana, chairperson of the MISA-Mozambique Governing Council, willestablish the necessary procedures so that the right of the public to information, enshrined inthe Mozambican constitution, becomes a realityMoyana said the bill will ensure access to the data held by the public administration, or byprivate bodies that provide public services.The bill lists a large number of items which all bodies of the public administration must makepublic - including their internal norms, regulation and instructions, their budgets and reportson budget implementation, all licenses or permits that they issue, the details of all contractsthey sign, and the results of any audits.If the bill becomes law, citizens will be able to consult all official documents free of charge,and take copies of them.Requests for such access may only be refused if the matter concerned affects national security,if it seriously damages the fight against crime or the administration of justice, if it revealsgovernment policy prematurely, thereby compromising its success, if publication would seriouslydamage the legitimate commercial interests of third parties, or if it would violate theprivate life of others.The bill contains public interest clauses that could override claims of national security orcommercial secrecy – for example where public health, violation of human rights orenvironmental risks are involved.Requests for information must receive a response within ten days at the most. Any refusal togrant access must be explained, and may be appealed against to higher bodies, and eventuallyto the Administrative Tribunal.· ALERTDate: November 22, 2005Persons/Institutions: Diario de NoticiasViolation: ThreatenedOn November 22 2005, Mozambique’s Supreme Court warned that it “reserves the right to useappropriate legal mechanisms” against one of Maputo’s daily newssheets which it accuses offabricating a story concerning the court against former Education Minister Alcido Nguenha.The newssheet in question, “Diario de Noticias, published on November 3, under the byline ofits reporter Laurindos Macuacua, a story that the case against Nguenha, accused of divertingMinistry of Education scholarships to members of his own family, was now before the SupremeCourt.A letter from the general secretary of the Supreme Court, Jose Maria de Sousa, described thearticle as “a vile and deceitful invention” and sustains the right to use legal actions because thenewspaper has repeatedly published false stories that attack the good name and reputation ofthe Supreme Court.· ALERT(update)Date: November 12, 2005Persons/Institutions: Carlos CardosoViolation: KilledThe retrial of the man convicted of leading the death squad that murdered Mozambique’s topinvestigative journalist, Carlos Cardoso, has been set to begin on December 1. Anibal dosSo This Is Democracy? 2005-83-Media Institute of Southern Africa