Download - Media Institute of Southern Africa

State of the media in Southern Africa 2002
2002
launched an investigation into the attack.
UPDATE
DATE: 2002-06-26
PERSON(S): Emmanuel Chilekwa,
Shadreck Banda, Kings Lweendo,
Jane Chirwa
VIOLATION(S): Detained, Legislation
160 So This Is Democracy?
On June 25 2002, the Lusaka-based
“People” newspaper editor,
Emmanuel Chilekwa, assistant editor
Shadreck Banda, reporter Kings
Lweendo and student journalist Jane
Chirwa pleaded not guilty to a charge
of defaming President Levy
Mwanawasa. The case has been adjourned
to 9 July for trial.
The journalists, who appeared before
Principal Resident Magistrate
Frank Tembo, were charged with
“defamation of the president” for publishing
a story headlined
“Mwanawasa has brain disease?” in
the May 25 to 31 edition of the “People”
newspaper. The article alleged
that President Mwanawasa was suffering
from Parkinson’s disease, an
incurable brain disorder.
Defamation of the president is prohibited
under Section 69 of the Zambian
Penal Code. If convicted, an accused
person faces a jail term of three
years without the option of a fine.
The journalists were arrested on 5
June and are still detained because
their bail application was denied.
Magistrate Tembo, in a June 17 ruling
made in his chambers, said he was
denying the journalists bail because
defamation of the president cases were
prevalent in Zambia. “Bail is granted
at the discretion of the court and having
taken several factors into consideration,
including the prevalence of
this offence, I will not grant the application
for bail,” he said.
However, the decision was greeted
with consternation by defence lawyer
Nicholas Chanda, who accused the
magistrate of abusing his discretion.
He also wondered why the magistrate
had not informed the defence team of
the ruling until his clients appeared in
court on June 25. He said he would
appeal the decision to the High Court.
UPDATE
DATE: 2002-06-27
PERSON(S): Emmanuel Chilekwa,
Shadreck Banda, Kings Lweendo,
Jane Chirwa
VIOLATION(S): Detained, Legislation
On Thursday June 27 2002, the
Lusaka High Court granted bail to
four journalists from the “People”
newspaper following a successful petition
by their lawyers. The journalists
are charged with “defamation of
the president”.
The four journalists are editor
Emmanuel Chilekwa, assistant editor
Shadreck Banda, reporter Kings
Lweendo and student reporter Jane
Chirwa.
High Court Judge Gregory Phiri
quashed the ruling of Principal Resident
Magistrate Frank Tembo, who
denied the journalists bail on 17 June,
arguing that the magistrate erred in his
decision. Phiri granted each of the four
journalists bail of K500,000 (US$125)
with two working sureties, each worth
K500 000. The journalists are required
to pay the court a total of K6 000,000
(US$1,500) before being released.