Maravi

M’membe faces arrest

M’membe faces arrest
Written by Mwala Kalaluka and Joseph Mwenda
Wednesday, September 02, 2009 4:05:08 PM

POST Newspapers editor Fred M’membe faces arrest after a bench warrant was issued against him by Lusaka chief resident magistrate Charles Kafunda for not being present in court to answer contempt charges.

This follows a complaint by the prosecutors in the matter in which Post news editor Chansa Kabwela is facing one count of circulating obscene matters or things contrary to the law that an article authored by Prof Ndulo and published in the Post newspaper edition of August 27, 2009 was contemptuous.

Earlier when the matter came up before magistrate Kafunda, Lusaka Division Prosecutions Officer Frank Mumbuna said they were calling the case of the People versus the editor-in-chief of the Post newspaper and others.

But magistrate Kafunda told Mumbuna, who was seated with his deputy Anderson Simbuliani and a Drug Enforcement Commission (DEC) prosecutor Keith Mweemba, that there was no such case before the court.

Mumbuna stood up again and said they were calling the case of the People versus Chansa Kabwela.

“This is a matter before this court for contempt proceedings following the order that was given against the editor-in-chief for the Post newspaper and the others,” Mumbuna said.

At that moment, Post deputy editor-in-chief Sam Mujuda, managing editor Amos Malupenga, news editor Chansa Kabwela and production editor Afeti Yulu took the stand before Kafunda.

Lawyer, Vincent Malambo, who informed the court that he was the one representing University of Cornell’s Prof Ndulo, said he had noted that the summons issued by the court had excluded his client.

“An impression was created, I think in the public media that Prof Ndulo was also required to attend,” Malambo said.

Kafunda told Malambo that he was just noting down the clarification relating to Prof Ndulo’s position.

Other defence lawyers, Remmy Mainza and George Chisanga, said they were representing the persons that had been summoned by the court to appear this morning.

Kafunda then said he had noted that Prof Ndulo was outside the jurisdiction of the court but that everything would be done to have him summoned.

He said the clerk of court, criminal, a Mr. Kasonde did inform him that summonses were effected on the Post editor-in-chief, as per directive, which also included the attendance of the entire editorial staff of the newspaper.

Kafunda said the summoning of the editorial staff was aimed at determining whether these were connected to the authorization of the article complained of.

Kafunda then asked Mujuda, Malupenga and Yulu to confirm their positions at the newspaper and explain such connections to the article in question.

But defence lawyer Mainza raised preliminary issues on need for the court to prove that the persons before it were properly summoned.

Mainza said according to the summonses the persons were appearing before the court as witnesses in the matter when they were not.

“Going by the ruling that was given on Monday last week, it is clear that the three persons are appearing as witnesses, as suggested by the summonses,” Mainza said. “We therefore submit that the said persons have not been properly summoned, as they are certainly not witnesses.”

Mainza said it was the defence’s contention that the summonses were therefore defective.

“We urge, your worship, that proper summonses be issued in line with the ruling that was given by this honourable court,” he said.

At that point Mumbuna observed that The Post newspaper Editor-in Chief Fred M’membe was not before the court.

“Your honour, even if there was an error in the summonses, it was expected that the Editor-in-chief would be in this court. It was expected by this court that the Editor-in-Chief would appear before this court… by Editor-in-Chief your honour I am referring to Mr. Fred M’membe,” he said.

Mumbuna said M’membe’s absence had undermined the integrity and authority of the court.

But in response defence lawyer Chisanga informed the court that The Post deputy managing director Sam Mujuda who was present, was representing the newspaper as Editor-in-Chief since Fred M’membe had taking leave two months earlier.

“Your honour we gave notice to this court earlier stating that Fred M’membe has been on study leave for two-three months now pursuing his masters degree… the editor-in-chief in this case (Sam Mujuda) is here,” he said.

By press time, Magistrate Kafunda was expected to make a ruling on the submissions.

Labels: CENSORSHIP, CORRUPTION, FRED M'MEMBE, PRESS FREEDOM, THE POST

posted by MrK @ 3:07 PM