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It’s not possible to kill M’membe’s spirit - Hansungule

It’s not possible to kill M’membe’s spirit - Hansungule
By Ernest Chanda
Sun 13 June 2010, 04:40 CAT

Prof Hansungule wondered why Frederick Chiluba should be left free despite him having stolen public funds during his rule. PROFESSOR Michelo Hansungule has said it is not possible for the government to kill Post editor-in-chief Fred M’membe’s spirit using prison.

Commenting on M’membe’s four-month imprisonment with hard labour over a contempt of court case, the South Africa-based human rights law Professor described the sentence as a state abuse of law to fix its perceived enemies.

“This imprisonment stands out as classical case of state abuse of law to fix perceived enemies. In order that it looks like justice, the state would invoke the law, prosecute, convict and jail.

It does this even in a case which was before the court and before the magistrate in whose face the contempt was allegedly committed but who decided there was no contempt and that the state was wrong to claim the paper acted contemptuously against him.

They use law to fix enemies and are not ‘men enough’ to ignore the daily inconveniences of reading articles from independent press which seek to question their conducts in public offices,” Prof Hnasungule said.

“It is sad that someone who did not kill anyone, was not accused by anyone of stealing money from another or others, did not rape a woman, etc., was in jail because authorities dictated that he must be behind bars – capwa. Even if he loses his appeal, M’membe will come out of jail the way Nelson Mandela did after twenty-seven years. He will come out even if he is physically killed while in jail his spirit will come out and continue the struggle for freedom.

It is not possible even for his spirit to die behind prison gates. It hasn’t happened before and it can’t happen in this case. His imprisonment for a harmless article which appeared in his newspaper which the state is saying he should not have allowed to publish is just a perfect excuse government was looking for to silence the voice so that they can misgovern without a finger raised against them.”

He wondered why Frederick Chiluba should be left free despite him having stolen public funds during his rule.

“While magistrate Simusamba after pronouncing his sentence on M’membe, which everyone saw was coming from the way the state handled the case, went home, joined and played with his family, Fred M’membe was behind bars at Lusaka Central Prison. Even more, compare this that while M’membe was languishing at Lusaka Central Prison, Frederick Chiluba was in his comfort zone at his Kabulonga house!

Shouldn’t this strike us at how law or rather ‘man-made law’ is so unfair in this case to put an innocent man behind bars yet he has not harmed anyone but merely spoke his views using his pen yet leaving out of jail those really guilty in the court of public opinion of the most serious crimes against the people?” he asked.
Prof Hansungule described M’membe’s jailing as baptism for free thinking and a triumph of the right voice.

“With this imprisonment, President Rupiah Banda and George Kunda his Vice-President have actually advanced the cause for freedom for the voiceless millions of people in Zambia. It is a jail-term for all free voices and not just M’membe’s. In any case, are we not all of us in jail? All poor and powerless people are in jail by their condition. What difference does it make locking M’membe up when all including the prosecutor and the magistrate in this case, only except President Banda and his friends, are already languishing in the jail of fear and poverty?” Prof Hansungule asked.

“It is a sad case that while the magistrate and the prosecutor that jailed M’membe were enjoying their family in their home environment last Friday, Saturday and Sunday nights, M’membe, a totally innocent man was away from his family on a matter that was already adjudicated upon when it was originally raised before the court said to have been disrespected by an article which the court itself disregarded. But if, and God forbid, these two convictions are rehearsals for the banning of The Post as part of an orchestrated campaign to silence opposition in the run-up to the 2011 elections, I shudder to think the consequence!”

He said M’membe’s incarceration was imminent especially that President Banda had vowed to get at The Post someday.

“… Maybe I am just dreaming and I pray I am – it is just a bad, bad dream. But I was thinking can a convicted organisation operate? What I know is that if I am not just dreaming this is the direction – God forbid! Mr Rupiah Banda, here is Fred your guest at Lusaka Central Prison as you directed at your press conference at State House when you spoke frighteningly against Chansa Kabwela ‘birth’ pictures,” said Prof Hansungule.

On Friday last week, Lusaka magistrate David Sumusamba sentenced M’membe to four months imprisonment with hard labour over a contempt of court case.

This is in a matter in which M’membe and The Post were convicted over a week ago on a charge of contempt arising from the publication of an article in The Post of August 27, 2009 titled: The Chansa Kabwela Case: A Comedy of Errors, authored by United States-based Zambian Professor of law Muna Ndulo.

But M’membe’s lawyers George Chisanga and Remmy Mainza appealed against the conviction and on Monday last week he was released on K20 million bail pending appeal, in his own cognizance and with two working sureties.

Labels: FRED M'MEMBE, MICHELO HANSUNGULE

posted by MrK @ 4:12 AM