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ZAMBIA
State of the media in Southern Africa 2002
was granted after his lawyers intervened.
M’membe was being sought by
police for questioning about a story
published in his newspaper on January
25, which quoted opposition Forum
for Democracy and Development
(FDD) Member of Parliament (MP)
for Lusaka Central Dipak Patel allegedly
referring to President
Mwanawasa as a “cabbage.”
Patel was commenting on the government’s
alleged scheme to manipulate
the election of the speaker of Parliament,
scheduled for January 25,
through bribing opposition MPs and
arbitrarily changing the mode of voting
from one of acclamation to secret
ballot, when he allegedly told the
newspaper, “This is happening when
this cabbage keeps saying this is a
government of laws and not men.”
On several occasions in recent
weeks, Mwanawasa has said that his
government would be of “laws” and
not of “men.”
Earlier, the February 9 issue of
“Post” hinted at M’membe’s impending
arrest along with Patel, when it
reported that his lawyer, Nchima
Nchito, was approached by police officers
from the Woodlands police station
in Lusaka, demanding that
M’membe and Patel present themselves
at the station. The lawyer promised
that the two men would do so on
February 11.
During the campaign leading to the
presidential polls of December 27,
2001, Mwanawasa’s opponents described
him repeatedly as a “cabbage,”
an apparent reference to his
supposed diminished mental capabilities
due to a near fatal accident suffered
almost ten years earlier, in which
he suffered severe head injuries. He
has admitted that as a result of the
accident he has developed a stammer
and his speech is slower. However, he
denies that he is mentally impaired.
Mwanawasa, a lawyer by training,
dismissed the taunts from his opponents
as baseless, arguing that he was
of very sound mind, as evidenced by
his continued practise of law.
UPDATE
DATE: 2002-02-15
PERSON(S): Fred M’membe
VIOLATION(S): Detained, legislation
On February 14, 2002, the editor-inchief
of the privately owned “Post”
newspaper, Fred M’membe, appeared
in a Lusaka magistrate’s court for
mention, following his February 11
arrest for allegedly defaming newly
elected President Levy Mwanawasa,
an offence under Section 69 of the
Penal Code.
M’membe appeared before Magistrate
Handson Hampande at the Boma
courts. No plea was taken because the
prosecution is awaiting consent from
the director of public prosecution before
proceeding with the case. Mention
is a legal formality whereby an
accused person appears in court at intervals
before trial begins. M’membe
is expected to make his next appearance
in court on March 18.
His lawyer, Mutembo Nchito,
charged that the state was wasting
time by trying to prosecute a case
which would lead nowhere because
his client was innocent. “[M’membe]
has been charged in his capacity as
editor of the ‘Post’ for words he did
not mention,” Nchito said.
So This Is Democracy? 151