Friday, November 20, 2009

‘Pornography’ acquittal is a lesson for Rupiah – SACCORD

‘Pornography’ acquittal is a lesson for Rupiah – SACCORD
By Mwala Kalaluka in Lusaka and George Zulu in Monze
Fri 20 Nov. 2009, 04:01 CAT

SACCORD has noted that the acquittal of Post news editor Chansa Kabwela on a ‘pornography’ charge is a clear sign that trumped-up charges against innocent citizens by the state can never stick.

And UPND vice-president for political affairs Francis Simenda has said Kabwela’s acquittal is a lesson enough for President Rupiah Banda to stop governing on hatred and bitterness against individuals with views opposed to his.

Southern Africa Centre for the Constructive Resolution of Disputes (SACCORD) executive director Lee Habasonda said his organisation welcomed Kabwela’s acquittal and urged her to keep strong.

“Her victory is a victory for all Zambians, particularly the media fraternity. The judgment is a clear sign that trumped-up charges against innocent citizens by the state can never stick,” Habasonda said. “The ruling should send a message to those planning to regulate the media using government instruments to oppress and suppress the truth. Hence any law they are planning based on targeting people and settling scores will fail to stand the test of time and the victims will at some point triumph.”

Habasonda said SACCORD was happy that Kabwela was finally free because she acted in the best interest of the poor people to bring social justice, which is a pre-requisite for peace in the country.

“Indeed, we share in her victory and that of The Post newspaper, which has continued to carry the burdens and persecutions from state intolerance,” Habasonda said.

“Government must have realised that it was an exercise in futility to waste such time and resources for a clear case which did not even require a lawyer to know that it was damned. We urged the government to ensure that they critically consider some of the cases before they are taken to court, as it is not only a continuous source of embarrassment for government, but also shows lack of proper priority setting in the country.”

He said government legal advisors must begin to advise against some of these politically nuanced legal undertakings because they reflect badly on them in the final analysis.

“The manpower being used to pursue those with divergent views can well service the country to rid it of criminals and other people who are the real threats to the well-being of our society,” Habasonda said.

“To the media, we urge you to fight on and reject any manoeuvers to encroach on your freedom to tell the truth and improve our democratic dispensation. We are happy that this in the end has made Kabwela a heroine of our time.”

The Paris-based Reporters Without Borders (RSF) commented that Lusaka chief resident magistrate Charles Kafunda took the right decision to acquit Kabwela, as the charges against her were ridiculous and baseless.

“We nonetheless regret that the authorities subjected her to this ordeal for many months for no reason,” RSF stated.

And Simenda said in an interview in Choma that President Banda was leading a failed system of governance.

Simenda said President Banda’s directive for the police to arrest and prosecute Kabwela following his failure to address the desperate situation that was obtaining in the hospital was unreasonable.

Simenda, who is a former Mongu Central member of parliament, said Kabwela’s acquittal was expected because it was based on a flimsy Presidential directive, adding that if President Banda continued governing with an iron fist, he would end up embarrassing himself locally and internationally.

Simenda said already the SADC region was laughing at President Banda’s narrow-mindedness on the governance of the country with respect to the rule of law.

“People were giving birth on the streets because no one was there at the hospitals to help them. Now, because this is a government of hatred and vindictiveness, they had to arrest and victimise the young lady for nothing but doing the right job. Just imagine to tell them that the situation in the health sector is desperate they arrested Chansa and victimised and embarrassed her to the levels of agitating for the people of Zambia to turn against her!” he wondered.

“You see, you can suppress the truth, the truth will always triumph and she (Kabwela) suffered at the hand of President Banda and people, but the Lord Almighty has vindicated her that she was innocent and doing a noble job and I hope other journalists will not be intimidated… Chansa has done the women and all Zambians proud and it is an unforgettable and great favour to expose the problems.”

And Simenda said the the government’s intention to statutorily regulate the media was unnecessary because the current laws were sufficient to govern the media fraternity.

Simenda said should government go ahead with its intentions on the media against the people’s will, they should not complain if the same law they were pushing for backfired on them.

“Why should they fear? Let the media be independent, they can regulate themselves. They have ethics. We don’t need to put up draconian laws to stifle the operations of the media in the country. We shall always support the call by media institutions for self-regulation,” said Simenda.

Simenda observed that statutory regulation of the media was aimed at criminalising the journalism profession and it would be difficult for journalists to work as they would operate under stress and that Zambians would lose out.

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