Maravi

Post news editor to appear in court today

Post news editor to appear in court today
Written by George Chellah, Zumani Katasefa, Mwila Chansa and Sheikh Chifuwe
Tuesday, July 14, 2009 4:01:29 PM

POST news editor Chansa Kabwela was yesterday arrested and charged with circulating obscene matters with the intention to corrupt morals of society and she is expected to appear in court today.

Kabwela, who was accompanied by lawyers George Chisanga, Sam Mujuda, Chileshe Kaoma and Post managing editor Amos Malupenga, arrived at Lusaka Division police headquarters around 09:45 hours and proceeded to Room D-32.

Approximately after an hour, Mujuda emerged with Kabwela and her team from the Deputy Divisional Criminal Investigations Officer's (DCIO) office and confirmed Kabwela's arrest to journalists.

However, Mujuda said Kabwela was released on a K5 million police bond with two working sureties.

"We are just dealing with the formalities for bond application," he said.

When asked about the charge, Mujuda responded: "The charge is just the way the President prescribed it. The only difference is that they have removed the word ‘pornography’ and replaced it with ‘obscene matters’."

He said Kabwela was expected to appear in the Lusaka magistrate's court today.

"It's good that the matter is going to court and the truth about those pictures will be known from there," Mujuda said.

Kabwela was later subjected to all the police formalities before finally being released from Lusaka Division police headquarters.

Police summoned Kabwela for what they termed as "interviews" at Lusaka division police headquarters yesterday.

The charge against Kabwela is that of circulating obscene matters with the intention 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 (WfC), Non-governmental Organisation Coordinating Council (NGOCC) and the Archbishop of Lusaka, contrary to section 177 1 (b) CAP 87 of the Penal Code.

Section 177 1 (b) CAP 87 of the Penal Code states that: "Any person who- (b) imports, conveys or exports, or causes to be imported conveyed or exported, any such matters or things, or in any manner whatsoever puts any of them in circulation 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."

And Young Women Christian Association (YWCA) Copperbelt regional coordinator Jurita Mutale observed that the arrest of Kabwela would in future stop people from alerting those in authority on issues affecting the nation.

Mutale said there was need for the government to put politics aside and squarely deal with issues as they were.

She advised the government to address the root causes of why a concerned citizen took pictures of a woman in labour in public and not talk about the offshoots.

Mutale said the government should have appreciated Kabwela's efforts as a responsible and concerned citizen instead of intimidating and victimising her.

"She had the powers to produce or publish those pictures in the newspaper if she wanted but she chose to alert the authorities in confidence as a responsible citizen, editor and woman," Mutale said. "And talking about pornography, who was aroused after seeing those pictures?"

Mutale warned that leaders would be misleading themselves if they applied politics to everything they said.

"On the day when the President was addressing that press conference, he was worked up politically. But let us put politics aside, and look at issues the way they really are: How could he have reacted if that was his wife in that situation? The President should have seen what everyone else was seeing and felt what they were feeling," Mutale said.

She explained that the picture of a woman giving birth in public should have provoked the government to ensure that public health institutions were operational all the time.

Mutale added that the pictures should have been a wake-up call for leaders to realise that poor citizens in the country could not afford to go to private clinics or fly to South Africa and were more affected whenever there were strikes in hospitals.

"Such things do happen. Just this year, the [Kitwe] Town Clerk [Ali Simwinga] called me that a woman had given birth at City Square. Could I have accused him of moral decay for informing me?" she asked.

Mutale said leaders should realise that they were informed about certain things because they were in positions to make positive change.

Mutale cautioned those involved in handling Kabwela's case against any prejudice or preconception as the case was capable of creating a wrong picture.

And former Radio Icengelo station manager Fr Frank Bwalya charged that President Banda was not fit to govern the country.

Fr Bwalya urged Zambians to stand by The Post newspaper.

"The arrest of Chansa Kabwela is ridiculous. It serves to amplify the sentiments of most of us that Mr Rupiah Banda will stop at anything to fix The Post," he said.

Fr Bwalya said it was clear that President Banda wanted to have someone from The Post arrested for what he termed as pornography.

"It is clear that this government and himself [President Banda] will continue to mount pressure on the police to find something wrong with The Post to save himself from any embarrassment of claiming that some offences have been committed by The Post. This is against the background from his earlier pronouncement when he said that Fred M'membe has stolen US $30 million. This was proved wrong," he said.

Fr Bwalya said it was sad that President Banda was using his powers to harass those who had dissenting views from his.

"This is another milestone towards the total abuse and corruption of public institutions such as the police," he said.

He said the charge that has been given to Kabwela was an imaginary one.

"What kind of the President is this? I still maintain that he is not fit to continue governing this country. I call upon Zambian people to stand by The Post, and everyone who is challenging the corrupt regime of Rupiah Banda and ensure that we stop this rot," he said.

Fr Bwalya said President Banda was desperate to hold on to anything that he mistakenly thought would paint a bad picture about The Post.

"He hopes that Zambian people will not take seriously the criticism of The Post over his inept and corrupt leadership," Fr Bwalya said.

And Patriotic Front (PF) Kabwata member of parliament Given Lubinda said the police and President Banda were provoking the Zambian people by the continued harassment of Kabwela.

Addressing a newsmakers forum organised by the Press Freedom Committee of The Post at Mansa Hotel in Mansa last Sunday, Lubinda warned that the police action to record a warn and caution statement from Kabwela two weeks ago would not go unchallenged by the people of Zambia.

"This is timely warning; leave the poor girl alone. The PF-UPND pact is ready for this battle, the arresting officer should know this fact - whoever it is Chansa Kabwela will not see the inside of the prison because she is innocent," he said.

Lubinda expressed disappointment that President Banda addressed his attention to intimidation when he knew well that the pictures of a woman in labour outside the University Teaching Hospital (UTH) were intended to move his government into action to stop the strike by the nurses.

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.

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

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.

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

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."

"Just because you are morbid and peculiar you sent photographers to go and take pictures of your mother naked, shame on you! And I hope that there are laws in this country to stop the young men from taking pornographic. I hope those responsible for the law of this country will pursue this matter. Shame on you photographer who took the pictures of our mothers naked. I couldn't look at it; when I looked at it I threw it away and you wanted to be sending it round...it means that you are sick yourself and don't pretend to be worried about the people in the hospital," President Banda said. "You are the same people who are saying the nurses should continue to go on strike, the doctors. Who is going to look after our sick? This is not fair for us to be subjected to trash and call it journalism. Wamene uyo mwana...that child who took that picture of the mother, I wish him good luck. You cannot go and take pictures of a woman who is my mother, all of us are from women, and send it round without shame. How do you think? I would be ashamed to show it even to another person."

And this point State House special assistant for press and public relations Dickson Jere interjected, forcing President Banda to respond: "Don't stop me I want this to stop. In this country that's why I agree with the mothers whoever has come to introduce into our country journalism of showing naked pictures of mothers and children is a sick person and he should be watched and arrested if caught up with this. This is something unacceptable."

Jere then added: "I think most of you may not know the background where the President is talking about...it's that one newspaper has been distributing these pictures to different organisations showing our mothers giving birth at UTH. And some of the pictures have been sent to us and I think your guess is as good as mine, which that newspaper is."

Labels: CHANSA KABWELA, COURTS, THE POST

posted by MrK @ 3:04 PM