Maravi

Police summon Post news editor again

Police summon Post news editor again
Written by George Chellah
Monday, July 13, 2009 7:41:54 AM

POLICE are today expected to arrest Post news editor Chansa Kabwela. Highly-placed sources within the police service disclosed that police were expected to effect an arrest when Kabwela reports at Lusaka division police headquarters.

"It's highly likely that we will effect an arrest on Monday when she turns up at the police station. Of course, we recorded a warn and caution statement from her the last time she appeared, but this time we will effect an arrest because there is too much political pressure on this matter," the source revealed.

The sources said the police last week visited the office of the Lusaka Catholic Archbishop over the same matter.

"We went there to try and get a confirmation over the same pictures so that we can proceed on this case," the source said.

And according to a call-out delivered at The Post newspapers offices last Saturday, the police have again summoned Kabwela for what they termed as "interviews" at Lusaka division police headquarters.

The call-out dated July 11, 2009, that was bearing a date stamp from the deputy divisional criminal investigations officer, stated that Kabwela was expected to avail herself by 09:00 hours.

"I have to inform you that Chansa Kabwela said to be in your employment, is required at Zambia police Lusaka division headquarters in Room D-32 at 09:00 hours for the purpose of interviews on 13th July, 2009," read the call out.

Police are acting on instructions from President Rupiah Banda, who during his recent press conference called for the arrest of those allegedly distributing what he termed as pornographic, pictures of a woman in labour.

President Banda said The Post was a malicious newspaper, which had even gone to the extent of publishing "pornography."

On July 2, 2009, police summoned Kabwela for interrogations at Lusaka division police headquarters where they recorded a warn and caution statement from her.

Giving a warn and caution statement to the police, Kabwela said the matter relating to the pictures had been dealt with extensively in public.

Kabwela said according to her professional ethics, she was not obliged to discuss the issues of her sources, process of newsgathering and The Post's operations with the police.

"I take this exercise to be a mere formality because the President already ordered the arrest of the person who got the photos and you the police are just acting on instructions," Kabwela said. "It's a pity that the police, a professional organisation appears to be working on orders from the authorities even when you understand the issue. It's actually wrong that there is a trend that is emerging where the police is having to act on orders from President Banda or other authorities."

The allegation is that of being in possession and circulation of obscene pictures tending to corrupt the morals of society and that the said pictures were circulated to Vice-President George Kunda, Secretary to the Cabinet Dr Joshua Kanganja, Minister of Health Kapembwa Simbao, Women for Change, Non-governmental Organisation Coordinating Council (NGOCC) and the Archbishop of Lusaka, contrary to section 177 1 (a) of the Penal Code.

Section 177 1 (a) of the Penal Code states that: "Any person who- (a) makes, produces or has in his possession any one or more obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematography films or any other object tending to corrupt morals is guilty of a misdemeanour and is liable to imprisonment for five years or to a fine of not less than fifteen thousand penalty units nor more than seventy five thousand penalty units."

But Lusaka Catholic Archbishop Telesphore Mpundu said the pictures of a woman in labour that The Post management sent to the Vice-President and copied to him were not pornographic as suggested by President Banda at his last press conference.

Archbishop Mpundu said although shocking, the pictures of the woman in labour provoked someone into quick action on the crisis at the time.

"Personally, I have been shocked by the pictures and I would have been moved to try and find out 'why is the situation like this?' This is very, very bad! It would have been unethical, it would have been extremely in bad taste if you now started sending those photos to everyone, but you didn't do that," Archbishop Mpundu said. "I think you meant to shock and you have properly shocked me, but I wouldn't call that pornography. Pornography has got something to do not only with exposing a human being's genitals but with a view of provoking them to action, action that leads to illicit sexual satisfaction, and that is against our tradition."

Archbishop Mpundu said the government should have been moved to act and stop the strike by health workers.

"Having looked at the pictures, people will have their own right to hold their own opinion about them. To me they are certainly shocking but I mean to regard them as pornographic I think it is an opinion that someone has and they are entitled to it. But I wouldn't regard them as pornographic. And probably your intention was to shock the authorities into action because this is a situation which is really desperate. And as people who are in government, it is their duty to arrest the situation. I think that's what you had in mind," he said.

He observed that The Post would not be ignorant of the law regarding pornography.

"As regards pornography I think you people are professionals in your field. And we have to be guided by legislation as to what constitutes pornography. And you would not be ignorant of that kind of legislation. I think the fact that you sent those photographs I don't think you sent all of them. Maybe only the most shocking to try and bring it to the attention of authorities for them to do something. It would be certainly in bad taste to distribute to everybody. But to people who should know and be aware that here is a situation which is desperate," Archbishop Mpundu said. "In my opinion it is in line because your interest was to alert the authorities, it is not to be sensational. On the other hand when you are talking of pornography, apart from the law that defines pornography we have these textbooks; even textbooks that deal with family life to help people to space their children. You have photographs that are much more graphical, photographs that show the whole process even of man and woman coming together and so on and so forth. They are for a restricted group of people who need to know. Now if you call that pornography you are entitled to that opinion, but ultimately we have to be guided by what our laws say concerning pornography."

Archbishop Mpundu observed that there were a lot of double standards on the part of government.

"But also you have to look at some of the standards, the double standards in this country. There are certain things which are allowed to happen, which are tolerated. I don't condemn people going to see dances, going to see shows, but some of those shows are very suggestive. Some of those dances are very suggestive," he observed.

"I don't want to mention any particular dance or any particular artiste or group of artistes. From time to time we have those that come from neighbouring countries where our women are almost undressed. But this is allowed to happen and nobody seems to have any sort of aversion to that. Our standards sometimes seem to be varying depending on who was looking at them. I think we have to be very consequent, we have to be logical."

Asked what government should have done after receiving the pictures and the letter from The Post, Archbishop Mpundu said the government should have been moved to act immediately.

"The main issue at stake was, here is a situation that needs to be addressed and addressed urgently in order to minimise or to eliminate the deaths that are happening. Address that issue aggressively, robustly to bring an end to such deaths," Archbishop Mpundu said.

"So, that is what ought to have been done, that's what everyone expected. Government is there to look after the interest of the people and when you have a situation like that, instead of being digressed by emotions, they should have acted positively. The press conference in a way was somehow marred by this digression."

On Saturday, Heritage Party president Brigadier General Godfrey Miyanda said a close scrutiny of President Banda's allegation shows that there was no pornography in the documents that the President referred to.

"If it is pornography then the President, the Vice President, the Secretary to the Cabinet and the women movement that has compromised itself must all be arrested for being in possession of the same pictures, by their own confession and admission. But that is not the meaning of pornography, unless the President wants to force the Police to accept his version and interpretation. That is why I strongly urge the President to desist from initiating prosecutions and leave this to the established institutions," Brig Gen Miyanda said.

Brig Gen Miyanda said Kabwela was a sacrificial lamb for a calculated vote-catching escapade by President Banda.

Labels: CHANSA KABWELA, THE POST

posted by MrK @ 6:44 AM