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Zambia’s justice system has collapsed - Hichilema

Zambia’s justice system has collapsed - Hichilema
By Mwala Kalaluka
Sun 06 June 2010, 04:02 CAT

PF-UPND PACT LAUNCH: PF leader Michael Sata and UPND president Hakainde Hichilema (circled) during the launch of the Pact at the Freedom Park in Lusaka yesterday - Picture by Thomas Nsama

UPND leader Hakainde Hichilema yesterday said Zambia’s justice system has collapsed. And Post editor Fred M’membe has said from Chimbokaila (Lusaka Central) Prison that he is as fine as anyone could be.

Meanwhile, Press Association of Zambia (PAZA) vice-president Amos Chanda yesterday said the media body regards M’membe as a prisoner of conscience who deserves the support of all those that cherish the cause of freedom of expression.

In an interview after he visited M’membe in prison, Hichilema said it was good to see M’membe looking positive. M’membe was on Friday sentenced to four-months imprisonment with hard labour by senior resident magistrate David Simusamba for contempt of court.

Hichilema and his entourage, which included Siavonga, Mwinilunga East and Mazabuka Central UPND members of parliament Douglas Syakalima, Stephen Katuka and Gary Nkombo respectively, arrived at Chimbokaila prison at 10.00 hours.

They were immediately ushered inside the prison where they met M’membe for over thirty minutes.

“We came to see Fred. We came to see Mr M’membe and we are grateful to the prison officers for allowing us in as this is not the official visiting hour,” Hichilema said.

“We saw Fred. He is looking positive. He is talking positive, which is very good for someone who is in this place. It is clear in our country that we don’t have one justice system. We have a dual justice system.”

Hichilema said he was of the view that the contempt of court matter upon which M’membe had been sent to prison was a frivolous one and that things should not have been that way.

“Definitely we understand that everything is political,” Hichilema said. “The magistrate could have looked at things from one way.”

Hichilema said although the above could have been the case, the magistrate was probably under extreme political pressure.

“This is a bailable offence. Why wasn’t bail granted on Friday?” Hichilema asked. “The conviction was on Wednesday and ruling was deliberately reserved to Friday so that they could lock up Fred. Obviously, they just want to embarrass Fred.”

Hichilema said while M’membe and other ordinary citizens were in Chimbokaila, people like health deputy minister Dr Solomon Musonda who shot at a PF cadre in Serenje was not.

“Solomon Musonda shot a young person with intention to kill and Solomon is out. He is not here. Is he?” Hichilema wondered. “A person shoots someone to kill and is not in the cells!”

Hichilema said Dr Musonda was trained to serve lives but that he was the first one to attempt to save life.

“Then there is Kajilo Muzungu (son of MMD losing Mufumbwe parliamentary candidate Mulondwe Muzungu who caused the death of three children through dangerous driving after his father lost the election). I think you are aware of his activities in Mufumbwe,” Hichilema said.

He said it was a confirmation of the country’s dual justice system that Kajilo Muzungu who drove his vehicle into a crowd and killed three children whilst others were still in hospital was still a free person.

“Is he in a prison in Mufumbwe?” Hichilema asked. “The MMD is protecting Kajilo and is protecting Musonda but Fred M’membe is here. The justice system has collapsed. It is a dual justice system; one for the MMD and its sympathisers and another for ordinary citizens. You can’t run a country like that. The leadership of the police is just serving the MMD. We know what (Inspector General of Police Francis) Kabonde is up to.”

Hichilema said he had already said that Kabonde must resign for professional reasons.

“That is if he has any professionalism in him,” said Hichilema.

And M’membe told Hichilema that he was fine as anyone could be.

“We are fine as anyone could be,” M’membe told Hichilema who wanted to know how he was doing and coping in prison.

Meanwhile, Amos Chanda said PAZA was saddened by M’membe’s conviction.

“…and therefore takes this moment to offer him and his newspaper its deepest solidarity and fraternity deserving of the cause he has championed over the years,” Chanda said.

“PAZA considers Mr M’membe a prisoner of conscience who deserves the support of all those who cherish the cause of freedom of expression and of the media that he, together with like-minded colleagues, champion on behalf of the silent majority.”

Chanda said at this moment of tribulation, PAZA offered M’membe its deepest solidarity and the fraternity freely shared by advocates of freedom of expression and the media.

“We also encourage journalists at The Post and beyond to work even harder in their struggle to overcome the various pressures that have been mounting against media professionals in recent times,” Chanda urged.

“As law-abiding citizens, we respect the independence of the judiciary but at the same time we reserve our right to disagree with some of its decisions like this one, which is why we support the grounds of appeal defence lawyers will lodge before the High Court next week.”

Chanda described M’membe’s conviction as a setback that must not dissuade The Post from pursuing the sound values it espouses given that it operates in a political environment that is so hostile to media freedom.

“The practice of journalism has become a constant daily struggle against a myriad of legal and political landmines,” Chanda bemoaned. “When the case is fully discharged by the courts of law, PAZA will give a comprehensive position on contempt laws that affect media freedom and other restrictive laws generally called ‘insult laws’ in the media advocacy parlance.”

The Zambian Roman Catholic Church leadership has also pledged to stand shoulder to shoulder with The Post and M’membe in what they described as a trying moment.
“We respect the court’s decision. However, we are aware that the persecution of Mr Fred M’membe is meant to humiliate him,” Zambia Episcopal Conference (ZEC) spokesperson Fr Paul Samasumo said in an interview.

“We as a church and as Catholic Media, The Post is a very important institution because it is only The Post that usually gives us space as a church. So we can only express our solidarity with The Post in this trying moment and that we will stand shoulder to shoulder with them.”

MISA Zambia chairperson Henry Kabwe expressed sadness at M’membe’s conviction and subsequent sentencing to four months imprisonment.

Kabwe stated that MISA Zambia respected the decision of the court but would like to state that the sentencing of an editor of a renowned and well-established media that could afford legal representation would undoubtedly have a chilling effect on the media in Zambia.

“We wish to state that an independent and vibrant media has the ability to act as a conscience or beacon for society that highlights both good and ills of society,” Kabwe stated.

“The media must not be viewed as an enemy of society. Instead it should be viewed as a trumpet that sounds the daily happenings of our society.”

M’membe calmly entered Lusaka Central Prison at exactly 13.40 on Friday after attempts by his lawyers to secure bail pending appeal for him failed.
M’membe was on Friday sentenced to four months imprisonment with hard labour as accused number one and four months imprisonment simple imprisonment as accused number two (The Post) in a matter where he and The Post stood charged of contempt of court.

The contempt charges arose from an article published in The Post edition of August 27, 2009 titled ‘The Chansa Kabwela case: A comedy of errors’ authored by US-based Zambian professor of law, Muna Ndulo.

Labels: AMOS CHANDA, COURTS, FRANCIS KABONDE, FRED M'MEMBE, HAKAINDE HICHILEMA, PF-UPND

posted by MrK @ 7:35 PM