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ZAMBIA
State of the media in Southern Africa 2002
newspaper and chairman of Zambia
Independent Media Association
(ZIMA), was briefly detained by a
Lusaka magistrate on June 10, 2002.
This follows the same magistrate’s
dismissal of his application for a case
in which he was found in contempt
of court to be referred to the High
Court for determination of constitutional
issues.
On May 17, Magistrate John
Njapau found Phiri in contempt of
court for publishing an article commenting
on a matter that was before
the court. Phiri was then summoned
to appear before the magistrate on 4
June to show why he should not be
jailed for the alleged offence.
During his June 4 court appearance,
Phiri, who represented himself, argued
that since the alleged contempt
was not committed in court, the matter
should be referred to the Director
of Public Prosecutions (DPP), who
would be the right person to prosecute.
Alternatively, he argued, the matter
was to be referred to the High Court
for determination of constitutional issues,
because the case infringed on
press freedom.
But in his June 10 ruling, the magistrate
said a matter became active
when an individual was arrested. By
publishing the article, the magistrate
said, Phiri was in contempt of court.
He rejected the notion that he should
refer the matter to the DPP or the High
Court.
After the ruling, Phiri applied for
an adjournment because his leading
defence lawyer was out of town. The
magistrate granted the application but
ordered that Phiri be remanded in custody
until his lawyer was present in
court.
Phiri was only saved from further
detention when his lawyer applied for
bail, which was granted. Phiri was
released about two hours later, when
the bail formalities were concluded.
The case has been adjourned until
June 26.
ALERT
DATE: 2002-06-13
PERSON(S): Newspaper vendors
VIOLATION(S): Beaten
On June 6, 2002, several newspaper
vendors were violently attacked and
injured by a group of people believed
to be members of the ruling Movement
of Multiparty Democracy
(MMD), in a bid to stop them from
selling newspapers believed to be
critical of President Levy
Mwanawasa.
Eyewitnesses identified Norman
Sakala, an MMD member, as the
group’s leader. The group, armed with
knives, machetes, chains and
knobkerries, attacked newspaper vendors
selling the privately-owned publications
“The Post”, “Today” and
“The People” at the Lusaka City Centre
and in surrounding areas.
One of the victims, Julius Mulenga,
told “The Post” newspaper that he was
forced into a minibus used by the attackers
and severely beaten. Another
victim, Robby Chasaya, told the
newspaper that his hands were slashed
with a knife and he sustained a broken
tooth. Other vendors reportedly
had cuts on their heads, faces and
hands.
Police spokesperson Lemmy
Kajoba confirmed receiving a report
of the attacks against the vendors. He
also stated that the police had
So This Is Democracy? 159