Zambia: The Post newspapers and its editor in chief convicted over contempt of court charges

On 3 June 2010, The Post newspapers and its editor in chief, Fred M’membe were found guilty of one count of contempt of court, a charge arising from an opinion article authored by United States of America-based Zambian Law Professor,  Muna Ndulo and published by the newspaper on  27 August 2009. However, presiding Magistrate Simausamba  reserved sentence to 4 June 2010.

Meanwhile, M’membe’s  lawyer,  Remmy Mainza  said the case in which his clients were convicted of was a misdemeanor which attracted a sentence of six months or a fine. He prayed to the court to give his clients a non- custodial or suspended sentence because the two were first offenders who had no track of a criminal record.

Meanwhile, M’membe’s lawyers have said that they respect the decision of the court but  will appeal against the conviction.

While passing judgment which lasted over one-hour, Magistrate Simusamba said he found M’membe and The Post newspaper guilty of contempt of court because the article delved into some of the issues that were supposed to have been determined by the court before which the people versus The post newspaper news editor Chansa Kabwela case was proceeding. The archaic Zambian Penal Code prohibits the media from commenting on issues before the court of law.

M’membe and The Post Newspapers were charged with one count of contempt of court under Section 116 (1) (d) (i) of the Penal Code Chapter 87 of the Laws of Zambia.

On 27 August 2009, The Post Newspapers published an article authored by United States of America-based Zambian Law Professor  Muna Ndulo titled ‘The Chansa Kabwela case: a comedy of errors’. The article was published in the newspaper when Chansa Kabwela, The Post newspapers’ news editor was appearing in court on charges of circulating obscene photographs contrary to section 177 of the Penal Code of the Laws of Zambia. Kabwela wrote a letter to the vice president George Kunda which she copied to the secretary to the cabinet Dr. Joshua Kanganja, minister of health, Women for Change, Non-governmental organizations Coordinating Council (NGOCC) and the Archbishop of Lusaka over the protracted strikes by the health workers requesting government to address the strike and its negative impact on the people. She enclosed the pictures of a woman giving birth without the assistance of health workers in the packing lot of University Teaching Hospital (UTH) in Lusaka.

On 24 June, 2009 Zambian President, Rupiah Banda expressed concern and called for action from authorities over pictures that were circulated showing a women giving birth without the assistance of medical personnel because they were on strike.

MISA Position

MISA condemns the judgement by the Zambian court over the Post Newspaper and its editor in chief, Fred M’membe and regards the judgement as a betrayal of justice, Media Rights and the Right to Freedom of Expression in Zambia. The Zambian Penal code is archaic and its content emanates from ideologies the former colonial regime and therefore, should not have any root in the modern independent and democratic country like Zambia. Besides, the article about Chansa Kabwela’s case outlined sentiments over issues which were of high public concern in Zambia, and thus were to be examined with diligence if the Zambian health service were to be held accountable for its failure.  

MISA calls on the Zambian court to reverse its ruling and work to abolish such abusive legislations which by their nature tends to silence public voices. A nation that does not express itself, especially on issues of public interest is a nation behind bars and in this case not only is the Zambian media kept captive from expressing itself but the entire Zambians will not be capable to hold those in authority accountable for their failure. MISA still calls on the Zambian government to respect Media Rights and Freedom of Expression as guaranteed by international instruments such as the Article 19 of the Universal Declaration of Human Rights, the African Charter on Human and People’s Rights, Declaration of Principle on Freedom of Expression in Africa as well as the Windhoek Declaration to which Zambia as a country has ratified. //End//

- June 03, 2010 by MISA

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Source: www.misa.org (received via Email Alert on 03.06.2010)