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Post editor not likely to receive fair contempt trial - Komakoma

Post editor not likely to receive fair contempt trial - Komakoma
By Inonge Noyoo
Monday October 06, 2008 [04:01]

THE Press Freedom Committee of The Post (PFC) has observed that Post editor Fred M’membe is not likely to receive a fair trial because of information minister Mike Mulongoti’s remarks which border on intimidation of the courts.

PFC coordinator Leah Komakoma yesterday said the organisation was worried that M’membe would not receive a fair trial in the matter where Vice-President Rupiah Banda has sued The Post and another where he has asked the High Court to jail M’membe for contempt due to Mulongoti’s recent remarks that the courts should protect the Vice-President.

Komakoma said it was clear that Mulongoti, who is also Vice-President Banda's campaign manager, was speaking on behalf of the government.
She said Mulongoti knew what he was talking about because the government had the power to move a lot of things.

"We are worried with the recent remarks that were made by information and broadcasting minister, chief government spokesman and Vice-President Rupiah Banda's campaign manager Mr Mike Mulongoti when he featured on Mongu's Radio Lyambai Good Governance MISA-sponsored programme last Wednesday," Komakoma said. "Mr Mulongoti referred to the case in which the Vice-President has sued Post Newspapers Limited and where Vice-President Banda has asked the High Court to jail The Post editor Fred M'membe for contempt of court. We are worried that Mr M'membe is not likely to receive a fair trial because the remarks made by Mr Mulongoti border on intimidating the courts.

"To Mr Mulongoti, The Post and M'membe are guilty. Mr Mulongoti has told the court to protect Mr Banda in what he says ‘so that all citizens could be protected from harassment from The Post’ and if that is not done, they will use the laws that are in the statute books to sort The Post out. We all know that Mr Mulongoti is the chief government spokesman and as such he is speaking on behalf of the government. That is the position of the government. It is a direct appeal from the government to the court."
Komakoma noted that clearly, Mulongoti was indirectly telling the judge to find M'membe guilty and that if he did not do so, they would find the Post editor guilty through other means.

She said the PFC did not underrate Mulongoti's remarks because the government was in control of state machinery.

"We do not underrate Mr Mulongoti's remarks because we know that as government, they control the state machinery which Mr M'membe does not control. We also know that Mulongoti and his government have influence in the appointment and promotion of judges and other operations of our judicial process. We also know that they enjoy certain immunities which Mr M'membe does not enjoy. Mr Mulongoti knows what he is talking about and that is, they have the power to move a lot of things," she said. "We are worried because Mr Mulongoti is trying to tell the judge something."
Komakoma said Mulongoti should leave the court and the judge to exercise independence in adjudicating the case before him.

"We need to feel we will have a fair trial. In the current circumstances, we need to be assured that this will be so," Komakoma said.
Last week in Mongu, Mulongoti threatened to close The Post if it did not co-operate with the government and the courts of law.

Mulongoti hoped that the court would protect Vice-President Banda since the case was before the court so that all citizens could be protected from harassment from those whose weapon was the pen.

"...Now when you have part of the media which even when they are taken to court they still continue to act with impunity, what are they saying? What you are encouraging is that people should take laws into their own hands...we cannot allow this," Mulongoti said. "If that is not done we will have to use the laws that are in the statute books to sort out this kind of thing because we have got provisions, we can cancel the license!" he said.
Mulongoti said it was unfair that anger was being created among citizens and that other people's rights were being abused due to arrogance from certain quarters of the media.

"Those lawyers who are running media institutions who think because they are lawyers they can defend themselves are not the final arbiters. The decisions are made by the courts so even if I'm a lawyer, I make a mistake, I cannot be a judge in my own matter... But what we are seeing is the arrogance where the matter is in court you continue and even say it is foolish wishful thinking... What are you saying to the judge who is hearing the matter? You are saying that the judge by granting that injunction is a foolish person... that is leading to anarchy," said Mulongoti.

At Solwezi showgrounds during a rally, Mulongoti - in an apparent reference to The Post - said after the MMD wins the presidential election on October 30, they would ask Vice-President Rupiah Banda to go out of the country for a while so that on his return, Vice-President Banda would find all the problems sorted out.
Meanwhile, Mulongoti, during the National Watch programme on Zambia National Broadcasting Corporation (ZNBC) on Saturday night said he did not threaten to sort out any media house.

Mulongoti said he jokingly made his remarks but that his statement was taken advantage of and made to appear like a threat.
"I recall back then that I came to my candidate and said you have had a lot of hard times and jokingly said I hope after you have won you will take some leave, go away and we can sort some of the problems in your absence. I did not refer to any media house," he said.

Mulongoti said the government would not clamp down any media house.
Mulongoti said the government expected media houses to inform the public about all the presidential aspirants in a balanced and neutral manner.
"We expect media houses to inform the public about everybody else who is participating not just to give one side and write about one person because if you take sides you are no longer a person who can enjoy media freedom. They should give a balanced view and report, where it's only just reporting on one side I think you can no longer claim that you are doing what you should do as a media house," he said.

On ZNBC's coverage of the presidential candidates, Mulongoti said he did not give any directives on who should be covered and who should not be covered by the national broadcaster.

He said the government did not stop anyone from covering those they preferred to cover.
Mulongoti said as a public media, ZNBC should accord sufficient coverage to all without interference.
He said those who want to be covered should also be able to give information that will attract the media.

"It is not just the question of coverage, it's whether what you say makes sense otherwise a journalist will not waste time," he said.

Mulongoti also said he found it difficult to appreciate claims that Vice-President Banda was using public funds for campaigns because he was using his entitlements.
"A president is entitled to certain facilities and those facilities such as transport, accommodation, security and aides. Those things are an entitlement, they are provided for in the Constitution so I have difficulties in appreciating what they mean by saying abuse. Even if he was not campaigning he would still be travelling around the country to do government duties," he said.

Mulongoti also said the government did not ban live phone-in programmes on radio stations but merely advised on the need to screen calls.
"There are so many distortions. My permanent secretary did advise radio stations that they must monitor the flow of these phone-in programmes because some of the people who phone in are very abusive to others. There is sufficient technology now that they can use to try and monitor and cut off those who are using abusive language. So we encourage that it is necessary to control these phone calls so that you don't trespass on the rights of others," Mulongoti said. "There was no banning, there is a circular which is very clear and when I was interviewed I did say clearly that there is no such an instruction but we need to guide because we have public consideration and we cannot allow people who think other people have no right, every citizen has got rights and if you abuse these rights they have the right to complain and the right to be protected."

He said there was need to screen calls because live phone-in programmes can be used to incite people or educate them.

Mulongoti also said speculations that the government was behind the gutting of Radio Phoenix were mischievous.

He said the government had no reason to destroy Radio Phoenix because it was a private radio station that provided a platform for propagating ideas.
Mulongoti said the MMD's campaign strategy was working very well.

Labels: FRED M'MEMBE, MIKE MULONGOTI, PFC

posted by MrK @ 4:37 AM