Magistrate Kafunda summons Prof Ndulo, entire Post editorial staff over contempt complaint

Magistrate Kafunda summons Prof Ndulo, entire Post editorial staff over contempt complaint
Written by Mwala Kalaluka
Tuesday, September 01, 2009 4:29:29 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 US-based Zambian Professor of law Muna Ndulo's article on the Chansa Kabwela case.3

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, who is also Post news editor, stands charged with the offence of circulating obscene matters or things with a view of corrupting public morals.

Ruling on the state's application that The Post editor be cited for contempt following the newspaper'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. He 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 the Post editor-in-chief.

“I direct summons to be issued to the said,” he 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 2nd September 2009,” he said.

After the ruling, Lusaka division prosecutions officer (DPO), Frank Mumbuna said the state was fortified.

And magistrate Kafunda said he was disappointed with the events of last Friday where some MMD 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 a result of the violence, he had 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 Kabwela's case came up for continued hearing last Friday, Mumbuna applied to cite The Post editor for contempt.

“There is an application …bordering on repeated comments by The Post even when it's clear by the record before this honourable court that a similar concern was actually raised before this court,” Mumbuna said.

“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 referred the court to The Post edition of August 27, 2009 and particularly to Prof Ndulo's article.