Gabriel Kondesi had become a fading memory by 10 June 2013, a footnote to Malawi’s troubled history in establishing broadcasting standards that are as acceptable to one as they are accommodating to all. He had his 15 minutes of fame (and a fair share of infamy) in October 2009 for running a pirate radio station made out of homemade materials. And then just as swiftly, he vanished into oblivion.
But thanks to the impeccable competence of the Malawi Communications Regulatory Authority (Macra), his name has been thrust into the fore with a thirst for vengeance of a kind after Multichoice Malawi Limited dared the sleepy regulator by nonchalantly flouting licensing procedures.
An awakened Macra was not to be bullied around, however, and so, in its infinite wisdom, it issued Multichoice Malawi with a tepid reprimand for bypassing its authority and rolling out GOtv.
“[Macra] hereby issues a warning to Multichoice (Malawi) Ltd for launching GOtv Services without authorisation and license contrary to Section 46 of the Communication Act,” cooed Macra in an advert that appeared in the daily papers.
Macra then went to great lengths to expose its discomfort at having to explain how they had conspired with Multichoice officials over the licensing fraud. Like some stern headmaster who must admonish a wayward but brilliant pupil, Macra made sure they chastised Multichoice in a way they won’t forget in a hurry: “This warning follows a meeting that was held at Macra offices on 23rd April 2013 between Macra and Multichoice officials where the latter acknowledged that they did not follow both the law and procedures in launching GOtv. Pursuant to Section 54 (4) of the Act, the Authority hereby publishes a warning issued to Multichoice (Malawi) Limited.”
Now, every time someone starts their sentence with ‘meanwhile’, it is a dead cert for a spoiler. Because like the headmaster to that wayward but brilliant pupil, Macra went on its knees and serenaded Multichoice by committing itself to legalise GOtv’s illicit foray into local broadcasting with a retrospective license: “Meanwhile, Multichoice (Malawi) Limited is allowed to continue may proceed [sic] offering GOtv Services as the authority is in the process of licensing them.”
Catastrophe averted, everyone goes home happy — except that Macra has exposed its hypocrisy to a wide reading world for denying Kondesi similar privileges in October 2009.
Taking a cue from the privilege Macra had extended to Multichoice, they should, at the very least, have invited Kondesi and over a cup of tea told him: “Look here, boy, you just don’t wake up one day with your homemade broadcasting paraphernalia and start broadcasting the following day. They are rules, boy, they are rules, you have to follow, get it? Now run off and regularise yourself!”
But they didn’t; instead, they threw stinging, cold handcuffs at him for contravening one broadcasting law too many to operate in a free world, hauled him before a magistrate, fined him K50,000 and unable to pay, bundled him off to prison to serve 10 months imprisonment for being poor failing to pay. No questions asked. No round table discussions. Nothing. Just cold indifference.
That he was released following a public outcry is beside the point. That Mike Kuntiya, then acting director general of Macra, unilaterally licensed and promised to fund him for K10 million (much to the chagrin of a bemused board) just weakens the position of Macra as regulator. In licencing GOtv retrospectively, the regulator has just established an untenable precedent which it may find itself hopeless to defend.
We expected GOtv to be off the air or fined — and heavily — if not for Macra to establish parity with Kondesi’s punishment, then to assert itself and send out a message that circumventing its authority will have dire consequences.
In terms of influence, Pachikweza Radio was child’s play (which it was), affecting people living within a 35km radius. A drop in the ocean. GOtv? It’s reach and influence is immeasurable, the entire length and breadth of the country and all they got was a slap on the wrists. Actually, a slap on the wrist does not even begin to describe what went on here. Was Macra inspired by corporate greed in merely warning Multichoice but appalled by the individual innovation of Kondesi in persecuting, or, prosecuting him? Indeed, what message does this send to young Malawian innovators? Is this a country hell-bent on punishing innovators?
If educated people (Multichoice should have plenty of those) failed to realise they needed a licence to broadcast, it is too big an ask to expect Kondesi, a semi-illiterate school drop-out, to have a scant idea about broadcasting licenses. That would be stretching the limits of absurdity far too far.
Meanwhile, while the executives at Multichoice are back at their desks, congratulating themselves and polishing their CVs for pulling off the biggest broadcasting licensing fraud of the century, Kondesi shuffles around with the screaming ignoble tag of an ex-convict around his neck.
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