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State of the media in Southern Africa 2002
2002
ing on the mode of voting.
In a January 31 statement, the Zambia
Independent Media Association
(ZIMA) called for the lifting of the
ban against the media and the public
from observing the proceedings.
“We find the Clerk’s decision draconian,
unacceptable and totally uncalled
for, because it is a direct impingement
of the Constitutional guarantee
of freedom of expression, which
the Zambian media are entitled to. In
the interest of transparency and good
governance, we urge the Clerk to allow
the media to cover the election of
the Speaker the next time the House
sits to resolve this issue,” said ZIMA
Chairman Masautso Phiri in a statement.
When Parliament reconvened on 5
February, after the state abruptly withdrew
the High Court petition, the media
and public were allowed to witness
the proceedings. In a 4 February
statement, Chibesakunda announced
the lifting of the ban. No reason was
given for the change of heart, though
it is thought that it might have been in
response to criticisms over the earlier
ban.
ALERT
DATE: 2002-02-12
PERSON(S): Fred M’membe
VIOLATION(S): Detained, legislation
On February 11, 2002, Fred
M’membe, editor-in-chief of the privately-owned
“Post” newspaper, was
arrested and charged with defaming
newly-elected Zambian President
Levy Mwanawasa. “Defamation of
the President” is forbidden under Section
69 of the Zambian Penal Code.
150 So This Is Democracy?
M’membe appeared before Principal
Resident Magistrate Frank Tembo
on 12 February, only to be informed
that his case had been reallocated to
another magistrate. No plea was
taken. M’membe is out on police bond
and is due in court again on February
14.
Section 69 of the Penal Code makes
it an offence to defame the Zambian
president. Under this section, it is illegal
for anyone, “with intent to bring
the President into hatred, ridicule, or
contempt, to publish any defamatory
matter insulting of the President”. The
“insulting matter” may be in writing,
print, word of mouth or any other form
or manner. If convicted, an accused
person faces a maximum jail sentence
of three years, without the option of a
fine.
One of M’membe’s lawyers,
Mutembo Nchito, described his client’s
arrest as “intimidation.” He wondered
why the state was in such a
hurry to bring M’membe to trial that
it flouted normal judicial procedures
by bringing him to court prematurely.
Nchito said that ordinarily, the case
should have been allocated to a magistrate
first, before his client was summoned
to court for plea and setting of
trial dates.
“They are just trying to intimidate
him. This is evidenced by their earlier
refusal to grant him bail,” Nchito
said.
According to the February 12 issue
of “Post” newspaper, M’membe was
briefly detained the previous day at
Woodlands police station in Lusaka,
where he had presented himself for
questioning, in compliance with a
police summons. He was initially denied
release on police bond, but this