Maravi

Post journalists face contempt

Post journalists face contempt
Written by Mwala Kalaluka
Monday, August 31, 2009 3:58:46 PM

THE entire Post newspaper editorial staff has been summoned to appear before Lusaka chief resident magistrate Charles Kafunda in a matter of contempt following the publication of Zambian US-based Professor of law Muna Ndulo’s article on the Chansa Kabwela case. And magistrate Kafunda expressed disappointment that despite expressing his concern over the behaviour of political party cadres around the court premises, the situation had been left to deteriorate.

This is in a matter where, Kabwela had pleaded not guilty to one count of circulating obscene matters or things, contrary to section 177 1(b) of the penal code.

Kabwela, 29, a journalist by occupation, stands charged with the offence of circulating obscene matters or things with a view of corrupting public morals.

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.

Ruling on the state’s application that the Post editor be cited for contempt following the news paper’s publication of an article by Cornell University’s Prof Ndulo, entitled: The Chansa Kabwela Case: A Comedy of Errors, magistrate Kafunda yesterday said the state’s application had merit.

Magistrate Kafunda said having had an opportunity to read Prof Ndulo’s article, he was satisfied that on its face it contained contemptuous matter.

He said that being the case he would cite the author of the said article, Prof Ndulo and Post editor-in-chief Fred Mmembe.

“That being the case I will therefore cite the author of the said article for contempt, together with the editor-in-chief,” magistrate Kafunda said. “I direct summons to be issued to the said.”

Magistrate Kafunda said he would summon the entire editorial staff of the newspaper in order to determine whether any of them might be linked to the contemptuous article.

“Summons will be returnable on Wednesday 3rd September 2009.

After the ruling Lusaka Division Prosecution Officer, Frank Mumbuna said the state was fortified.

And magistrate Kafunda said he was disappointed with the events of Friday, August 28, 2009 where some political party cadres engaged in violent behaviour on or about the court premises.

“I am disappointed that the situation was let to deteriorate,” he said.

Magistrate Kafunda said as the result of the violence, he has directed that no political party cadres would be allowed around and within the court premises.

“I direct police to effect the order,” he said. “The DPO and Lusaka Province police commanding officer are to see to it that the order is effected.”

Before the matter came up for continued hearing before Kafunda last Friday, Mumbuna told the court that the state had an application.

“There is an application, your worship, bordering on repeated comments by the Post even when its clear by the record before this honourable court that a similar concern was actually raised before this court,” Mumbuna said with emphasis.

“We note, as state, with serious disappointment for the Post, in this case the editor, that despite this warning, the Post has continued violating, not only the law of the land but the warning given by this court.”

Mumbuna then referred the court to the Post edition of August 27, 2009 and particularly to an article authored by Prof Ndulo on the paper’s page 20, which he said was entitled Kabwela’s Case: A Comedy of Errors.

Labels: CHANSA KABWELA, COURTS, MUNA NDULO, THE POST

posted by MrK @ 3:01 PM