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Download - Media Institute of Southern Africa

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State <strong>of</strong> the media in <strong>Southern</strong> <strong>Africa</strong> 2002<br />

2002<br />

ALERT<br />

DATE: 2002-09-16<br />

PERSON(S): Arthur Simuchoba,<br />

Chali Nondo<br />

VIOLATION(S): Legislated<br />

162 So This Is Democracy?<br />

On September 16, 2002, editor Arthur<br />

Simuchoba and chief reporter Chali<br />

Nondo, both <strong>of</strong> the privately owned<br />

bi-weekly “The Monitor” newspaper,<br />

were summoned to the Supreme<br />

Court for the commencement <strong>of</strong> contempt<br />

<strong>of</strong> court proceedings against<br />

them.<br />

The two were called to court following<br />

an application by lawyer<br />

Michael Mundashi, on behalf <strong>of</strong> President<br />

Levy Mwanawasa, citing the<br />

journalists with contempt <strong>of</strong> court for<br />

publishing an article in the August 16-<br />

19, 2002 edition <strong>of</strong> “The Monitor”.<br />

The article alleged that Mwanawasa<br />

had increased the salaries <strong>of</strong> supreme<br />

court judges “to s<strong>of</strong>ten the judiciary<br />

ahead <strong>of</strong> the Presidential petition hearing.”<br />

Mwanawasa’s election in December<br />

2001 is being challenged by<br />

three opposition party leaders who<br />

allege that he was dubiously elected.<br />

Mundashi told the seven judges <strong>of</strong><br />

the Supreme Court that the story entitled<br />

“Levy back-pedals on early polls”<br />

casts aspersions on the integrity <strong>of</strong> his<br />

client and the judicial process. He argued<br />

that the newspaper should have<br />

avoided making comments suggesting<br />

that the president had used the<br />

salary increase to persuade the court<br />

to rule in his favour in the election<br />

petition case. The president’s lawyer<br />

requested that Simuchoba and Nondo<br />

be cited for contempt <strong>of</strong> court.<br />

James Shonga, the journalists’ legal<br />

representative, asked the court to<br />

give him time to study the case before<br />

replying to Mundashi’s claims.<br />

The case was adjourned until 20 September.<br />

Simuchoba told MISA’s Zambian<br />

chapter (Zambia Independent <strong>Media</strong><br />

Association, ZIMA) that Mwanawasa<br />

is “very unhappy with us [‘The Monitor’].”<br />

ALERT<br />

DATE: 2002-09-17<br />

PERSON(S): Henry Salim<br />

VIOLATION(S): Beaten<br />

On September 16, 2002, freelance<br />

photographer Henry Salim sustained<br />

a deep cut near his left eye from a<br />

stone thrown by supporters <strong>of</strong> the opposition<br />

United Party for National<br />

Development (UPND), during a skirmish<br />

with ruling Movement for Multiparty<br />

Democracy (MMD) supporters<br />

outside the Supreme Court in<br />

Lusaka.<br />

The two parties’ supporters had<br />

gathered outside the court to show<br />

support for their leaders at the start <strong>of</strong><br />

a presidential election petition hearing,<br />

where three opposition party<br />

presidents are challenging the election<br />

<strong>of</strong> Zambian President Levy<br />

Mwanawasa during presidential polls<br />

held in December 2001.<br />

Salim told MISA’s Zambian chapter<br />

(Zambia Independent <strong>Media</strong> Association,<br />

ZIMA) that the stone that<br />

struck him came from UPND supporters<br />

who were throwing stones at the<br />

MMD supporters as police fired tear<br />

gas to disperse the rival groups. “I was<br />

taking a photograph <strong>of</strong> police firing<br />

tear gas at the MMD supporters when<br />

I was struck by the stone which made<br />

me bleed severely,” he said. The photographer<br />

reported the matter to the

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