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SADC lawyers keenly following Kabwela’s case, says Lungu

SADC lawyers keenly following Kabwela’s case, says Lungu
Written by George Chellah
Tuesday, July 21, 2009 6:31:52 PM

LAW Association of Zambia (LAZ) president Stephen Lungu yesterday said the association in liaison with the SADC Lawyers Association (SADC LA) is keenly following the case involving Post news editor Chansa Kabwela.
Kabwela is facing a charge of circulating two obscene pictures with a view to corrupt public morals contrary to the Laws of Zambia.

In an interview, Lungu admitted that the matter involving Kabwela had attracted interest both locally and internationally.

"We are following this matter very, very keenly. This matter has generated a lot of interest both in and outside the country. As an association we are also interested," Lungu said. "We received representation from the Southern African Development Community Lawyers Association (SADC LA) indicating that very true interest has been generated."

He said a representative from LAZ would be attending the matter whenever it comes up in court.

"We will be attending as in a watching-brief. This is in liaison with the SADC lawyers Association. Definitely we will be attending... so on the 5th August I will be there. We will be having people to attend time and again," Lungu said.

He said at the end of the matter, LAZ would brief the SADC Lawyers Association on the proceedings.

"When it arose... for them what they are saying is that 'we hear this case has come up in Zambia. Give us a brief and tell us what it is they are doing'," Lungu said.

Recently, police arrested and charged Kabwela with circulating obscene matters with the intention to corrupt morals of society contrary to section 177 1 (b) CAP 87 of the Penal Code.

The pictures of a woman in childbirth were not published by The Post but were instead sent 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 to implore them to address the problem of the strike by health workers which lasted over a month.

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 misdemeanor 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."

Kabwela 29, who appeared before Lusaka chief resident magistrate Charles Kafunda last week pleaded not guilty to one count of circulating obscene matters or things.

Particulars of the offence were that Kabwela, between June 1 and 10, 2009 in Lusaka did circulate two obscene photographs tending to corrupt public morals.

Lusaka deputy division prosecutor, Anderson Simbuliani represented the state in the matter while Remmy Mainza, George Chisanga, Chileshe Kaoma and Sam Mujuda represented Kabwela.

The court then set August 5, 2009 as the date for the commencement of trial, August 24, 2009 and September 8, 2009 for continued trial respectively.

Kafunda directed the prosecution to ensure that a minimum of three witnesses be called to testify on each of the days reserved for trial.

Kafunda also told both parties that submissions on whether there is or no case to answer would be done verbally.

Labels: CHANSA KABWELA, COURTS, LAZ, SADC, SADC LA, THE POST

posted by MrK @ 5:30 PM