Twenty Zambians Held in Malawi
By Staff Reporters
Fri 29 Nov. 2013, 11:00 CAT
TWENTY Zambians are currently being held in Malawi's Kasungu Prison after being convicted of encroaching in Kasungu National Park.
According to a statement issued by Chansa Kabwela who is First Secretary Press, the 20 nationals with eight others, all of chief Chanje's area in Chipata, were arrested last Sunday and charged with illegally settling in a game management area, illegally cutting trees and cultivating in a game management area, and illegally hunting game in a protected area.
They were then taken to the Kasungu First Grade Magistrates Court where they were prosecuted on Monday and found guilty of contravening the National Parks and Wildlife Act of Malawi. Of the 28, eight were given suspended sentences on account of old age and poor health while 20 were each fined MK45,000 (K675) in default three years imprisonment.
The 20 are yet to source money to pay for them to be released.
Zambia's High Commissioner to Malawi Charles Banda noted with sadness the predicament the Zambians nationals were in.
High Commissioner Banda appealed to traditional leaders in Chipata and well-wishers to help the Zambians with finances so that they could be released from prison.
High Commissioner Banda urged chief Chanje to look for alternative land in Zambia for his subjects so that they do not return to Kasungu National Park once they are released from prison.
The problem of encroachment in Kasungu National Park arose from the demarcation of the boundary between Zambia and Malawi and nationals of both countries have in the past been relocated from the park to other areas. In July this year, Zambian nationals of chief Mwasempangwe's area who were in the park were resettled successfully on the Zambian side.
Labels: CHANSA KABWELA, GAME PARKS, LAND RIGHTS, MALAWI
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Statutory regulation is a mockery to journalism Kabwela
By Moses Kuwema
Sat 22 Jan. 2011, 04:01 CAT
STATUTORY regulation of the media is a mockery to the journalism profession, says Press Freedom Committee of The Post chairperson Chansa Kabwela.
Featuring on Radio Phoenix’s Let The People Talk programme yesterday dubbed Media Freedom, Kabwela said there was need to give greater freedom to journalists in their operation in order for the country’s democracy to grow.
“Media freedom is key, especially when you bring in democracy. It is important because democracy cannot thrive without a free press.
The media regulates itself on a daily basis and we operate within the law,” Kabwela said.
She said the self-regulatory mechanism was meant to allow journalists to operate in a better environment and enhance professionalism.
Kabwela said statutory regulation had never worked to the benefit of the media and ordinary people wherever it was introduced.
However, Kabwela said the media was optimistic that something good would come out of the negotiations on issues of regulation between the government and the Media Liaison Committee.
And Media Institute of Southern Africa (MISA) Zambia chapter chairman Daniel Sikazwe said free flow of information allowed for democracy to be strengthened.
Sikazwe said when people had access to information, they could express themselves freely.
“But when there is no free flow of information, you can't have a good democracy. A free press and democracy are fundamental in a country like Zambia… selfregulation of the media is in line with today’s human civilisation,” he said.
He said democracies in the world that did not over-regulate their institutions were moving forward.
Sikazwe said press freedom was a must because it helped people to discover the truth and was important not only for the media but for the people as well.
Meanwhile, Society for Senior Journalists chairman Ridgeway Liwena said a free press promoted democracy and acted as a watchdog on abuse of power by those in authority.
Liwena said there was need to promote dialogue between the government and media bodies, adding that failure to do so would promote mistrust and in the end, society would suffer.
Liwena also called on journalists to consider delving into specialisation to ensure that people received adequate and well-researched information.
Labels: CHANSA KABWELA, MEDIA, REGULATION
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NCC chairperson accuses The Post of biased coverage of NCC
By Kombe Chimpinde
Wed 11 Aug. 2010, 14:00 CAT
National Constitution Conference (NCC) Chairman Chifumu Banda has accused The Post of being biased toward the Catholic Church and Council of Churches of Zambia (CCZ) in its coverage of NCC review process.
But Post news editor Chansa Kabwela advised Banda to direct his energies towards people’s concerns about the manner in which the NCC handled the constitution making process.
Banda charged that The Post had hidden motives when it published a story in which the Catholic Bishop openly rejected the draft constitution, saying the newspaper deliberately chose to ignore some pro-draft constitution like the one from JCTR.
“Am surprised that The Post reported on CCZ which has rejected the draft constitution and did not do the same on submissions that had commended it,” Banda said.
“You see, the Jesuit Center of Theological Reflection is a Catholic wing that is even more learned due to the concrete researches they do than the bishops, so if I were a journalist I would think the recommendations of JCTR carries more weight.”
Banda said some of the people who made recommendations on the draft constitution hardly understood it.
“I can tell you some of the people who were commenting on the draft constitution have not even read it. I can ask you right now to go and ask CCZ if they read the draft before submitting... ,” he said.
“In any law making process you expect mixed reactions, we however must make it our duty to make meaningful suggestions and proposals.”
Banda, however, thanked citizens who made contributions on the draft constitution despite complaints of the 40-day period allowed for public scrutiny and feedback on the document being short.
“We thank Zambians who made their submissions because that is the way responsible Zambians should react,” Banda said.
He further added that the constitution was a very important document of the land and should not trivialised or politicised.
Banda said a total of 415 submissions towards the draft constitution had been received within the 40 day period set aside for recommendations.
But Kabwela said it was disappointing that Banda could accuse The Post of bias in its coverage of submissions on the NCC draft constitution.
She said the misleading statements needed to be dismissed with the contempt they deserved.
Kabwela said it was unfortunate that a man of Banda’s caliber could think that some Zambians did not even understand the constitution.
“If Mr Banda thinks that Zambians cannot understand the constitution or they made submissions without reading the draft, why has he been asking them to make submissions?
This is the same arrogance and pomposity that we have been condemning as a newspaper about this process, which is supposed to be people-driven,” Kabwela said. “Mr Banda should understand that all Zambians have a say in the constitution making process because it is national document.
Instead of focusing on such trivialities, Mr Banda would do well to reflect on the concerns that people have raised on key clauses that the NCC excluded, clauses that they laughed at, straightforward clauses that they have referred to the referendum, clauses that people wanted to see in their constitution.”
Kabwela said The Post’s duty was to inform the public and contribute to the growth of the country’s democracy.
“May I remind Mr Banda that we have endeavoured to do just that over the last 19 years,” said Kabwela.
And Citizens Forum executive secretary Simon Kabanda has demanded that the submissions and recommendations made to the draft constitution be published so that there can be transparency in the process.
Meanwhile, Southern Africa Centre for the Constructive Resolution of Disputes (SACCORD) spokesperson Obby Chibuluma has said the NCC must during this sitting be more honest in handling the issues and aspirations of Zambians.
“The next NCC is vital and as SACCORD we want the next session to be holistic in the studies. NCC must make the wishes and aspirations of the people they serve a priority, unlike what we noted in the past where the delegates have ignored the important desires of the people,” said Chibuluma.
“We already know what people want, and that the 50 plus one, the rights to safe and clean water, a Presidential running mate among other desires and so we expect the NCC to seriously look at these submissions.”
Labels: CATHOLIC CHURCH, CCZ, CHANSA KABWELA, CHIFUMU BANDA, NCC, THE POST
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Leave Sky FM Radio alone - Kabwela
Fri 25 June 2010, 14:10 CAT
Lusaka, 25 June 2010 – Chairperson of the Press Freedom Committee of The Post – Chansa Kabwela – has called on the Minister of Information and Broadcasting Services to desist from gagging the media as well as limiting the Zambian citizens’ right to express themselves.
Kabwela was reacting to the Minister’s threat to censure or revoke the license of Sky FM radio. Kabwela said, “The truth of the matter is that people are expressing their views on the governance of our country and because Zambia is a democracy, the citizens should be allowed to do just that”.
Kabwela has called on the government not to turn a deaf ear to the cries of the nation, reminding the minister that his continued threats to shut down the radio station were an affront not only to freedom of the press, but also to freedom of expression, which are both enshrined in the Zambian constitution.
Labels: CHANSA KABWELA, PFC, RADIO SKY FM
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Nawakwi ‘congratulates’ Rupiah for making Kabwela a hero
By Patson Chilemba
Fri 07 May 2010, 04:50 CAT
FDD president Edith Nawakwi yesterday mockingly congratulated President Rupiah Banda for making Post news editor Chansa Kabwela a hero. Commenting on Kabwela’s awards by United Nations Educational Scientific and Cultural Organisation (UNESCO) and Media Institute of Southern Africa (MISA) Zambia, Nawakwi said Kabwela’s Most Courageous Journalist award was for women carrying placentas in their buckets.
Nawakwi said what President Banda perceived bad when he ordered the prosecution of Kabwela for highlighting the plight of a woman who delivered outside the hospital due to the strike in the health sector then, had now turned good towards Kabwela, the women and the nation in general.
“You see heroes are not born, heroes are made by politicians. And we thank the President for making one of ours a brave woman. He could have just ignored those pictures, we would never have heard about heroism of one young lady, but thanks to the politicians, they make martyrs and heroes out of my sisters, ladies like Kabwela,” Nawakwi said.
“So for me I want to congratulate the President for making my sister a hero, and we really accept the award and thank UNESCO for the recognition because you are talking of the world over, and we will never have heard about a brave young lady Chansa Kabwela.”
Nawakwi said as a result of President Banda’s conduct, Kabwela was now known world over.
“So if you ask me about how the President should be feeling, I think that he must be proud that he made Chansa Kabwela a hero to the extent that we are now recognised. I am sure that when you google, it will be Zambia, Chansa Kabwela,” she said.
Nawakwi said Kabwela tried to save a woman who needed special attention when the government was not paying any.
“So that award is an award to the Zambian suffering woman in labour, without a bed, an award to a child who is being born on the floor. It is an award to the women of Zambia who are carrying placentas in the buckets,” Nawakwi said. “But more so it is an indictment on the health system of this Republic to the fact that the President did recognise that there is a problem to the extent that he wanted to hide it.”
Kabwela recently scooped the two awards in the national media freedom prize for this year.
And Nawakwi said Director of Public Prosecutions (DPP) Chalwe Mchenga would be to blame if she were killed because of his duplicity and double-standard approach towards ensuring justice in the nation.
Nawakwi condemned Mchenga’s duplicity on the handling of the justice system in the country. She said some cases received express attention while others took long.
Nawakwi said it was surprising that Mchenga usually took long to direct the prosecution of cases involving those in the ruling party while directives were express when it came to those critical of government.
She expressed surprise that MMD Solwezi-Central member of parliament Watson Lumba’s case was now in court but Mchenga was still sitting on her case where the MMD cadres threatened to gang-rape her.
“That is total duplicity and complicity on the part of Mchenga. We have gone to school, we respect certain professionals.
Those who have joined careers we want to give them opportunity to exploit their potential, but he has forgotten that he is a lawyer, and should he be out of that office, where will he work?” Nawakwi asked.
“We are all expressing misgivings. The day I am murdered, Mchenga will be squarely responsible…but say to Kabwela well done, and we should send a congratulatory card to the President for making us known on the map.”
Nawakwi said the MMD were trying desperately to have the seats they lost in North Western Province vacant so that they could go back for by-elections.
“But when you call the ambulance in the night, they say they have no fuel…but people are interested in by-elections more than their own people,” said Nawakwi.
Labels: CHALWE MCHENGA, CHANSA KABWELA, DEATH THREATS, EDITH NAWAKWI, RUPIAH BANDA, WOMEN
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Introduction of public interest disclosure Bill long overdue – PFC
By Ernest Chanda
Wed 03 Mar. 2010, 03:50 CAT
THE Press Freedom Committee of The Post (PFC) has observed that the introduction of the public interest disclosure (protection of whistle blowers) Bill by the government has been long overdue. The bill is aimed at protecting people who give information that is of public interest to law enforcement agencies.
Appearing before the parliamentary committee on legal affairs chaired by Monze Central member of parliament Jack Mwiimbu yesterday, PFC chairperson Chansa Kabwela said if refined, the bill would help fight corruption effectively.
“We need whistleblowers if we have to sustain the fight against corruption because corruption is there both in the public and private sectors. We are convinced that the public interest disclosure (protection of whistle blowers) Bill No 12 of 2010 attempts to deal with the protection of whistleblowers – and this development in our view is long overdue,” Kabwela submitted.
She said there should be political will to enforce various pieces of legislation and the one governing the law enforcement agencies.
She said there were some other good laws in the country that were not enforced due to lack of political will among leaders.
“…as long as party cadres, who are de facto outside civil service discipline, are not only advisors, but also assume the responsibilities of controlling officers of the public purse at permanent secretary level, regardless of the party in power, the nation must expect diversion of funds and huge leakages of resources to serve both political and personal interests at the expense of national development,” she said.
“There are some good laws in place such as the Zambia National Broadcasting Corporation (Amendment) Act and the Independent Broadcasting Authority (IBA) Act of 2002, but the lack of political will to implement them results in selective justice which protects the strong preying upon the weak. There are thousands of inmates serving sentences for stealing chickens, bicycles, television sets, cows and so on and so forth. But many stealing billions get way with it.”
When asked by Chimbamilonga MMD member of parliament Brian Sikazwe to cite one example of people stealing billions of kwacha, Kabwela referred to various cases of abuse of public resources as highlighted in the Auditor General’s report.
And when asked further by Sikazwe why she singled out the civil service when the bill also catered for the private sector, Kabwela said there was emphasis on the civil service there was an element of taxpayers’ money.
And PFC general secretary Sheikh Chifuwe expressed concern that the bill did not cater for protection of whistleblowers in the offices of the Anti Corruption Commission (ACC), Drug Enforcement Commission (DEC) and Investigator General.
He said the officers in these agencies needed to be catered for to ensure that whistleblowers were protected in the event that they exposed wrongdoing.
Chifuwe also bemoaned non-adherence to the general orders in the civil service.
He said there would be no talk of corruption and abuse of public funds in the public service if civil servants followed the guidelines in the general orders.
Earlier appearing before a parliamentary committee on information and broadcasting services, Press Association of Zambia (PAZA) president Andrew Sakala submitted that the ZNBC Amendment Bill 2010 did not meet the interests of media groups.
The bill seeks to broaden the system of collecting TV licence fees and change the word ‘licence’ to levy.
Under the proposed bill, TV levy will be included to the price of a television set in every shop so that whoever buys a TV will also have paid the annual K36,000 TV levy.
Sakala said it was good that the government had realised that what the public paid ZNBC was not a licence but a levy.
“For purposes of correcting the inherent mistake of a ‘levy’, which the ZNBC Amendment Act 2002 refers to as licence, the ZNBC Amendment Act 2010 is well thought out to correct this anomaly.
But generally the ZNBC Amendment Bill 2010 does not meet the expectations of the PAZA and other media interest groups in the sense of that it does not touch on the fundamental principles for which the amendments were sought – transform ZNBC from a state to a public broadcaster,” submitted Sakala.
When asked by Chimbamilonga MMD member of parliament Brian Sikazwe to cite one example of people stealing billions of kwacha, Kabwela referred to various cases of abuse of public resources as highlighted in the Auditor General’s report.
And when asked further by Sikazwe why she singled out the civil service when the bill also catered for the private sector, Kabwela said there was emphasis on the civil service there was an element of taxpayers’ money.
And PFC general secretary Sheikh Chifuwe expressed concern that the bill did not cater for protection of whistleblowers in the offices of the Anti Corruption Commission (ACC), Drug Enforcement Commission (DEC) and Investigator General.
He said the officers in these agencies needed to be catered for to ensure that whistleblowers were protected in the event that they exposed wrongdoing.
Chifuwe also bemoaned non-adherence to the general orders in the civil service.
He said there would be no talk of corruption and abuse of public funds in the public service if civil servants followed the guidelines in the general orders.
Earlier appearing before a parliamentary committee on information and broadcasting services, Press Association of Zambia (PAZA) president Andrew Sakala submitted that the ZNBC Amendment Bill 2010 did not meet the interests of media groups.
The bill seeks to broaden the system of collecting TV licence fees and change the word ‘licence’ to levy.
Under the proposed bill, TV levy will be included to the price of a television set in every shop so that whoever buys a TV will also have paid the annual K36,000 TV levy.
Sakala said it was good that the government had realised that what the public paid ZNBC was not a licence but a levy.
“For purposes of correcting the inherent mistake of a ‘levy’, which the ZNBC Amendment Act 2002 refers to as licence, the ZNBC Amendment Act 2010 is well thought out to correct this anomaly.
But generally the ZNBC Amendment Bill 2010 does not meet the expectations of the PAZA and other media interest groups in the sense of that it does not touch on the fundamental principles for which the amendments were sought – transform ZNBC from a state to a public broadcaster,” submitted Sakala.
Labels: CHANSA KABWELA, JACK MWIIMBU, PFC
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Chansa Kabwela trial: Lessons from the tragedy.
Tuesday, November 24, 2009, 12:23
The trial of The Post editor Chansa Kabwela is not a comedy but a tragedy. A comedy is meant to cause laughter, but from whatever angle I look at this story, I cannot find anything funny in it but only dismay and anxiety on one hand and pity and anger on another.
I am first of all dismayed and anxious when I consider that the constitutional office of the DPP can be so degraded due to personal preservation. I say this because that is the only way I can explain why a learned lawyer can pursue a malicious prosecution of a citizen purely on the personal opinion of a head of state.
The President is a layman at law. He has at least four people, the Vice President, also Justice Minister and SC, the Attorney General, the DPP and the Solicitor General, who can advise him on any point of law. More than that, the Constitution of Zambia, directs that no one should influence the DPP as to whether or not to prosecute. If this prosecution went ahead to please the President, it has.
Well, much has already been said about the demerits of the case. I turn now to pity and anger. I pity the man and wife in this story. ‘How sweet to hold a new born baby, and feel the pride and joy he gives’ (Bill Gaither), but this couple were denied this experience amidst the selfishness of some and savagery of others. I understand that the baby died.
What has the State done to prevent this from happening again? There is a case for negligence. The state owed a duty of care to this couple and the state failed to provide that care and injury resulted. I am angry that not a single lawyer has come to this family’s aid to seek compensation from the state. Res ipsa loquitur.
Scores of Zambians perish in hospitals, on roads and other places because of the negligence of the state directly or indirectly through its agents. There are no hazard warnings on roads that look like a moon face. There are no diagnostic facilities in state hospitals where patients are treated by trial and error! There is no Health and Safety legislation to write home about. Six people have drowned recently in public swimming baths and no one is held to account!
I am first of all dismayed and anxious when I consider that the constitutional office of the DPP can be so degraded due to personal preservation. I say this because that is the only way I can explain why a learned lawyer can pursue a malicious prosecution of a citizen purely on the personal opinion of a head of state.
Meanwhile, Mr Mangani is more concerned about ‘laws against pornography!’ Why should government legislate personal morality? The government should be more concerned about protecting the lives and livelihoods of the citizens. Urgent labour legislation is required to outlaw unfair remuneration. It is time there was ‘equal pay for equal work!’ That baby must be remembered as the child who put an end to mediocrity in Zambia. We owe it to him/her. It is time to hold someone accountable.
LT Blogger
Labels: CHANSA KABWELA, DPP, THE POST
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Kabwela’s case shows that Zambia has no leadership – HH
By Mutuna Chanda in Solwezi
Sun 22 Nov. 2009, 04:01 CAT
UPND leader Hakainde Hichilema has said the prosecution of Post news editor Chansa Kabwela for 'pornography' was a case of an emotional President Rupiah Banda brutalising a young Zambian lady. Commenting on Kabwela's acquittal, Hichilema said Kabwela's prosecution was just one example of the thousands that show that Zambia has no leadership.
“That case should have never been there. It was an emotional President's case; a President who has lost self restraint, a President who is exercising brutality on a young Zambian lady; an innocent lady,” Hichilema said.
“It was extremely unnecessary to do what Rupiah Banda did. You know that day this is why even the monkey urinated on him because there he was shouting at me, shouting at everybody and then Chansa Kabwela and you know nature gets angry as well. That case was never going to be successful in any way. This should have never happened.”
Hichilema said Zambia had lowered the quality of the Republican Presidency and Vice-Presidency by having the wrong people in office.
“When we have low quality President occupant and the Vice, the country risks degenerating into chaos; the judicial system being abused; the (Frederick) Chiluba issue he prevailed that there would be no appeal, he forces the DPP (Director of Public Prosecutions) by instruction to open a docket on Kabwela... and look at the trauma, the waste of resources that this country has. This is why we say that when people give us an opportunity to run this country, all that waste will not be there. Maybe we can direct those resources into development because you know the money that has been spent on all of this investigations, prosecution is a lot of money; it's unnecessary. This is really a case that should have never been there.”
Hichilema said had he been President of Zambia, he would have acted differently from what President Banda did.
“This is a matter that they should have thanked Kabwela for, making a matter that they didn't know to them known to them,” said Hichilema. “If I were the President of Zambia, I would have actually said to Kabwela and The Post 'thank you very much. We are attending to the problems and anyway the strike could have not happened if we would have avoided the strike'. But when you have poor quality leadership, in fact, no leadership; what you saw in the Chansa Kabwela case is just one example. There are thousands of examples. This is brutal, this is not correct.”
Labels: CHANSA KABWELA, HAKAINDE HICHILEMA, THE POST
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Kabwela’s acquittal has totally embarrassed Rupiah – Nkombo
By Patson Chilemba
Sat 21 Nov. 2009, 04:01 CAT
MAZABUKA UPND member of parliament Garry Nkombo yesterday said Post news editor Chansa Kabwela's acquittal has totally embarrassed President Rupiah Banda. Commenting on Kabwela's acquittal on a 'pornography' charge, Nkombo said it would have made sense for President Banda to have consulted before taking such a flimsy case to the courts. He said the people surrounding President Banda were misadvising him.
“I think that we have seen it in the past, Presidents tend to operate on the belief of the clique of people around them.
So I imagine that, yes, it has caused sufficient embarrassment to himself as a person, but I think there is need for people to look a little bit under to see who actually brought this matter to the attention of the President,” Nkombo said.
"So the people who advise the President have been totally embarrassed. As a head of state, I think also he has been embarrassed. And just a little advice to him that this country belongs to many people. It is jointly owned by all Zambians and even before commencing such a flimsy legal action against Ms Kabwela, he should have done consultations. Even the Director of Public Prosecutions, it is also an indictment on him to have taken the matter to litigation.”
Nkombo said the acquittal was a big statement to Zambians who believed in what he termed as disclosure of what was happening. He said the trumped up charge was an attempt to ground the flow of information in the nation.
Nkombo said there was nothing irresponsible in what Kabwela did because she just highlighted to the authorities the grave crisis that existed at the time.
He said the violence which resulted in the injury of many people as a result of the Kabwela case should be blamed squarely on those who, in the first place, took the matter to the police.
And National Revolution Party (NRP) president Cozmo Mumba asked the investigative agencies to operate professionally and not work on instructions from anyone.
Mumba said NRP regretted having supported President Banda during last year's presidential elections because he had not fulfilled what he promised to the youths.
He said President Banda had failed to honour the agreement to appoint more youths to deputy ministerial positions and to take back the K40 billion youth empowerment to the Ministry of Sport.
Mumba also asked Parliament to repeal the K3000 ZNBC TV licence fees because only those from the MMD were being given coverage.
Labels: CHANSA KABWELA, GARRY NKOMBO, RUPIAH BANDA, THE POST
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‘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.
Labels: CHANSA KABWELA, COURTS, LEE HABASONDE, RUPIAH BANDA, SACCORD, THE POST
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Magistrate Kafunda performed his duties fearlessly – Prof Ndulo
By Mwala Kalaluka
Wed 18 Nov. 2009, 04:01 CAT
UNITED States University of Cornell-based Zambian Professor of Law, Muna Ndulo, has noted that Post news editor Chansa Kabwela’s acquittal in her ‘pornography’ case is a triumph for the rule of law and justice.
Commenting on Lusaka chief resident magistrate Charles Kafunda’s dismissal of charges against Kabwela on Monday, Prof Ndulo yesterday said magistrate Kafunda performed his duties fearlessly and impartially and adhered to the law despite the international and national publicity that surrounded the case.
“To sustain a democracy in the modern world, a country needs an independent, impartial, and honest judiciary. Magistrate Kafunda’s actions prove that our dream for a democratic society in Zambia underpinned an independent judiciary need not be deferred,” Prof Ndulo said.
He said he was glad that Kabwela had been acquitted.
“He that would make his own liberty secure, must guard even his enemy from opposition; for if he violates this duty, he establishes a precedent that will reach himself,” Prof Ndulo quoted notable intellectual Paine.
He said justice had prevailed.
“I am deeply gratified by the court’s judgment. Zambia should now put this behind it and advance to face the challenges that stand in the way of a better life for all our people,” said Prof Ndulo.
Kabwela was charged with one count of circulating obscene materials or things tending to corrupt public morals.
Labels: CHANSA KABWELA, CHARLES KAFUNDA, LAZ, MUNA NDULO
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A reckless president
By Editor
Wed 18 Nov. 2009, 04:00 CAT
We have consistently reminded Rupiah Banda and his minions that the exercise of power must be the constant practice of self-limitation and modesty.
What happened on Monday over the pornography case which Rupiah had brought against our news editor Chansa Kabwela should teach us a lesson about the consequences of abusing the judicial process to fix political opponents, real or imaginary.
There is no doubt that Rupiah has been abusing the judicial process – the police, the Anti Corruption Commission, the Drug Enforcement Commission, the Director of Public Prosecutions, the courts – to try and fix those he detests.
And we have pointed out before that the judiciary, at whatever level, may find itself confronting these abuses, and may find itself subjected to enormous pressures to accept them. Often, if the process is legal but unfair, there is little that a court can do.
There is need for people like Rupiah to realise that every Zambian is entitled to participate in the affairs of our country.
Our roles will differ but there is need for all of us to accommodate each other. The annihilist approach to public affairs that Rupiah and his minions want to champion will not lead them anywhere. It will actually destroy them. We say this because it is very clear that Rupiah’s approach to anyone who has a view different from his is to try to discredit them, crush them and to annihilate them.
This is what we see in the way that Rupiah has behaved over the case of Chansa. There was simply no reasoning, no stopping to think. To Rupiah, an opportunity to humiliate and destroy The Post had presented itself and he could not control himself. A man who as President is supposed to be an example of self-control and moderation allowed himself to lose his head and started to rant and rave against The Post and how bad our conduct had been in dealing with those pictures. Rupiah was propelled by nothing but hatred and a desire to crush us.
The story is now clear; The Post never published those pictures. It failed to publish those pictures not because it was unlawful to do so but simply because of the tragedy of that woman and that baby who she lost. What was The Post to do? This was not just a journalistic issue. It was a moral issue of immense proportion. It was an issue that was driven by very high levels of sensitivity to the humanity of others, the suffering of that woman and the loss that she had to endure.
A tragedy of immense proportion was unfolding in our country during the strike that had crippled the health sector. What were we to do as a newspaper? We had done everything possible, including pleading with health workers to ignore the insensitivities of Rupiah and his minions and return to work to save lives. Those pictures came to us during that time. We thought the newspaper could not hide that fact but share it with the government and others who could influence things for the better. Those pictures were sent privately.
But Rupiah’s pettiness and hatred blinded him from seeing the suffering, the pain, the despair or helplessness that those pictures carried. What Rupiah saw was an opportunity to crucify The Post by criminalising its very noble and otherwise sensitive communication with the government. We did not publish our communication with the government. It was done quietly because the editorial staff decided that that was the best way to deliver the message without being seen to be politicising the issue.
But this humble gesture has been criticised and deliberately criminalised by Rupiah, ending with Chansa standing charged with an offence that never was. What Rupiah has done in this so-called pornography case is to show how dirty his own mind is because where there was suffering and pain, what he saw was pornography and an image that corrupted his morals, an image that was capable of arousing sensual feelings – how sick, how wicked!
The prosecution of Chansa demonstrates the way that Rupiah and George Kunda in particular want to use our criminal justice system. For them, the criminal justice system is not there for the maintenance of law and order, it is there to fix political opponents and what they consider inconsequential members of our society. They want to use justice selectively to carry out their injustices.
This is their government policy as confirmed by Mike Mulongoti in Kasama recently when he said some people should be able to go to jail while others should not. This is why George for instance always had problems with the Task Force. It seems he was not able to manipulate it the same way he seems to manipulate everything else.
We say this because if the case of Chansa was about justice, it should never have seen the inside of the court. Reason would have prevailed long before Chansa was bundled before chief resident magistrate Charles Kafunda.
It’s clear to see how things work with Rupiah in this regard. First, Rupiah makes public pronouncements denouncing someone, accusing them and convicting them of a crime. After that, the police and other law enforcement agencies swing into action. And finally, the Director of Public Prosecutions comes in to give blessings to the whole act. Then the rest is drama and a comedy of injustices. This is how even this case of Chansa began and ended.
Pronouncements by Rupiah are not simple statements from an ordinary citizen. Rupiah commands all the law enforcement agencies in this country – the police, the Anti Corruption Commission, the Drug Enforcement Commission and indeed the intelligence, the army, air force and Zambia National Service.
When he says something that concerns their work, it is an order from the commander in chief and they swing into action because orders are there to be obeyed. This is what happened in the Chansa case.
Unreasonable as the charges were, no one, it seems, was prepared to tell Rupiah that his ranting and raving at State House was misplaced. The police could not tell him, the Director of Public Prosecutions could not tell him, George could not tell him. This is what happens when a person in Rupiah’s position surrounds himself with minions who are not prepared to tell him when he is headed the wrong way.
What is sad for Rupiah is that this situation will not improve, it will simply get worse. Rupiah does not seem to have anyone close to him who is ready to take him on and advise him that what he is doing is wrong and may backfire. We say this because Rupiah seems to have surrounded himself with sycophants, praise singers and spineless elements who seem to have no position on any issue other than an exhibition of hatred for us and others Rupiah considers enemies.
Rupiah has misled himself into believing that because he is president, he can destroy or annihilate all the people that he does not like. Although any normal person would say that this is an unreasonable position to take, Rupiah does not seem to have anyone to tell him this. And worse still, Rupiah himself does not have the capacity to realise that what he is doing is wrong, is not tenable.
Having Rupiah in State House, as the saying goes, is like having a bull in a China shop. Rupiah is running in all directions trying to break anything in sight. Rupiah wants to fight everybody who he thinks is not with him or is opposed to him. The wisdom of not fighting wars on many fronts is something Rupiah and his minions don’t appreciate.
Chansa’s case exemplifies the recklessness of a president who is drunk with power, who thinks because he is president, he can do anything and cage anyone, he has dominion over everything in this country.
This case in a way also shows that Rupiah and his minions have failed to understand how complicated running the affairs of the state is. Rupiah in this simple act of abusing his presidential powers has shown preparedness to disregard the demands of his office. He will do whatever he thinks is right for that moment regardless of the consequences.
What Rupiah has tried to do with Chansa, he would like to do with the whole media. He would like to criminalise anything that he does not like about the operations of the media. This is Rupiah’s default position in dealing with problems. We have seen this in the way he wants to deal with non-governmental organisations for instance. What he does not like about their operations, he wants to criminalise with the support and counsel of sycophants like George.
Rupiah’s recklessness is driving his government into a fight, even with the Catholic Church. This is the kind of person we are dealing with. To him, everything is about power and control. To him, everything is about fixing, revenge and hatred. But we know that there is no nation that can be built on the basis of revenge.
This cannot be done with feelings of hatred and revenge. As we have warned before, Rupiah’s hatred for us may lead him into serious problems. His hatred for us may cause him to commit atrocities that he and his minions may live to regret for the rest of their lives. We say this because Rupiah and his minions, when it comes to us seem to stop thinking, they can’t reason, hatred overwhelms them.
Rupiah’s pornography case against Chansa has clearly demonstrated what type of president we have in this country. It has shown us that we have a very petty-minded person in State House. And that position Rupiah occupies cannot be run by pettiness, small-mindedness and short-sightedness. It has also demonstrated that Rupiah is a liar because he lied about pornography that was not there.
Rupiah falsely accused us of engaging in pornography. If Rupiah has a sense of shame, a sense of embarrassment, this is the time for him to meditate deeply over his attitude towards those he does not agree with. There are many things to be said on this issue and we are sure that many other people have more to say on it.
Labels: CHANSA KABWELA, RUPIAH BANDA
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Women’s Lobby welcomes Kabwela’s acquittal
By Mwala Kalaluka
Wed 18 Nov. 2009, 04:01 CAT
ZAMBIA National Women’s Lobby Group (ZNWLG) executive director Tamara Kambikambi has observed that Chansa Kabwela’s acquittal has vindicated those women who believed in what she did at a time when others chose to remain mute.
Kambikambi in a statement yesterday noted that ZNWLG commends female leaders, like Kabwela, who can remain steadfast amid adversity.
“What she went through was serious adversity,” Kambikambi said. “We want to see that more female leaders emulate such values because we believe that women bring a different style of leadership.
We are happy, personally, it has vindicated those of us who believed in what she was doing at the time when others chose to keep quiet about it.”
And veteran politician Simon Zukas said the state was just wasting resources on the Kabwela case.
“My comment is that the state was wasting their money on that case,” he said. “ I am glad about the outcome but it was just a waste of state money.”
Post editor Fred M’membe on Monday challenged President Rupiah Banda to appeal his ‘pornography’ case all the way up to the Supreme Court.
Labels: CHANSA KABWELA, SIMON ZUKAS, TAMARA KAMBIKAMBI, THE POST, ZNWLG
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Save yourself embarrassment
By Editor
Tue 17 Nov. 2009, 04:01 CAT
It is always better to admit when you are wrong. We say this because when one admits that they are wrong, it gives them an opportunity to correct their position. It is not possible for one to be wrong and be right at the same time. Refusing or attempting to conceal one’s wrong can only lead to one ending: embarrassment.
We say this in the light of an attempt to deny or conceal being wrong on the part of Rupiah Banda and his minions. Rupiah made public statements in Chipata and Solwezi about why he refused to appeal against Frederick Chiluba’s acquittal. We are not the only newspaper that carried this story. The state-owned and government-controlled Daily Mail has continued to carry the story. They published on Saturday and repeated their understanding of Rupiah’s statement in their edition of yesterday.
Before anyone accuses us of misquoting them, on Saturday they stated that: “President Banda has revealed that he refused to appeal against the acquittal of former president Chiluba because the lawyers who were prosecuting the matter were merely doing it for business. Mr Banda said US $13 million in taxpayers’ money was spent over a period of seven years in paying lawyers who were prosecuting Dr Chiluba. ‘They alleged that Dr Chiluba had stolen US $500,000 and government spent US $13 million on allowances and costs to prosecute him over a period of seven years. They kept assuring us that he was going to prison but they were doing it purely for business.’”
This line was repeated by the Daily Mail yesterday. According to them, “on Friday, President Banda revealed that he refused to appeal against Dr Chiluba’s acquittal because the lawyers who were prosecuting the matter were merely doing it for business”.
Today we are being accused of distorting Rupiah’s statement. However, the truth is it is not us but Rupiah’s minions, including those controlling the state-owned and government-controlled media, who are distorting facts. Today the nation is being told by these liars that Rupiah didn’t say that the US $13 million was paid to Mutembo Nchito but to many lawyers, especially foreign lawyers.
This is not true. And facts are there to prove that these people are lying. It is a fact that Rupiah said US $13 million of taxpayers’ money was paid to lawyers to prosecute Chiluba for stealing US $500,000. It is a fact that cannot be disputed that Chiluba was only prosecuted by Mutembo Nchito for stealing US $500,000. There is no other lawyer who was prosecuting or who prosecuted Chiluba for stealing US $500,000. Secondly, there is no other lawyer who was prosecuting Chiluba on any other criminal charge other than Mutembo.
It is also a fact that Rupiah gave the payment of US $13 million to the lawyers as a reason for refusing to appeal Chiluba’s acquittal. No one who heard or read what Rupiah said in all the newspapers or listened to him on radio or television can fail to agree with us that this is what Rupiah said. Rupiah was lying and his lie has been exposed not only by ourselves but also by Maxwell Nkole who was chairman of the Task Force. And now Rupiah and his minions know that they have been caught lying yet again, trying to discredit an innocent and honest lawyer – Mutembo.
And now that they know that there is no honest way they can explain away their lie, they have resorted to more lies trying to discredit those who expose them as liars. But how else can these liars explain their complicity in letting Chiluba go scot-free without having to lie, without attempting to discredit innocent and honest people? They can’t do without lies, they can’t live without deceit, manipulation and calumny.
It is clear that Rupiah set out to lie and mislead the people in his attempt to defend the indefensible. This is the problem that needs to be understood. Although Rupiah is an old man who by that reason alone should deserve some respect, he is a liar. And liars have never deserved the respect of anyone anywhere. When we catch him lying and expose him as such, we are accused of insulting him. When a thief is found stealing, what is he supposed to be called? What about a liar when he is found lying, what should he be called? We call Rupiah a liar because he is in the habit of telling lies, he is a habitual liar who tells lies even when there is absolutely no need to do so. Rupiah seems to be a pathological liar.
When he lied about paying the lawyers who were prosecuting Chiluba US $13 million, he must have known he was going to be caught, but he lied anyway. What kind of president is this? What kind of senior citizen is this? What kind of father and grandfather is this? What kind of human being is Rupiah?
Rupiah has more problems than he can probably deal with. He has surrounded himself with minions who will tell him lies to satisfy his ego even when those lies are ridiculous. How else do you explain the attempted justifications in the state media? They published what Rupiah said and yet they want to change our memories two days later. We were not the first to publish Rupiah’s comments on the payments to the prosecutors of Chiluba’s corruption case. It is clear that Rupiah said he did not allow the appeal because the lawyers had been paid US $13 million which could be used to build schools and clinics and it would not be logical for him to pay another US $13 million to the same selfish lawyers who wanted to appeal his acquittal. Who are the same selfish lawyers who were trying to appeal Chiluba’s acquittal who were going to get another US $13 million Rupiah was talking about?
It is clear that Rupiah was talking about Mutembo, hoping that no one would challenge him because the lawyer himself may not be in a position to do so. This is what liars do; they tell lies about people and use those lies to justify their attacks on those innocent people. This is what Rupiah was doing. Rupiah’s minions would have done better to shut up than attempt to rewrite such recent history.
Today, Todd Chilembo – no doubt instructed by George Kunda – is telling the nation that Rupiah meant all the lawyers, both local and foreign. But they forget a very simple fact; Rupiah was very clear. He was not talking about lawyers in the UK or lawyers who prosecuted this or that case. Rupiah was talking about the lawyers who prosecuted Chiluba’s case of US $500,000 theft. And there is only one lawyer in this country and indeed in this whole world who prosecuted Chiluba for stealing US $500,000. And that lawyer is Mutembo.
Rupiah did not stop at just accusing Mutembo of being paid US $13 million; he accused him of lying to him about when Chiluba would be going to prison. Which UK lawyer was prosecuting Chiluba to go to prison? It would be better to just admit that they have been caught lying, or better still just shut up.
Rupiah and his minions know very well that the UK lawyers who were working for the Task Force provided many services to the government. We have reported on these matters and indeed George was Attorney General when these matters were going on. Why do they want to lie and mislead the public? We are aware that the Task Force dealt with the now famous vulture fund case involving a company called Donegal. How much were the lawyers paid for this?
We also know that Chiluba and his tandem of thieves left us the Kwachamania mess where the state was sued for a US $150 million which the Task Force successfully defended. How much were the UK lawyers paid for this?
The UK lawyers also had the civil case against Chiluba and other defendants. They won that case and the state was awarded a judgment of US $55 million against Chiluba.
We know that Rupiah and his minions don’t want to enforce this judgment against Chiluba and recover US $55 million from him for the Zambian people. And this is why they are today bombarding the Zambian people with lies and half-truths of US $13 million of taxpayers’ money being paid to one prosecutor to send Chiluba to prison for stealing US $500,000. These are the same people who were eager to deceive the Zambian people that their government owed Chiluba US $8 million that he had put in the Zamtrop account. Even if this was true, which we know is not, still more a recovery of US $55 million from Chiluba would more than compensate the Zambian people for a loss of US $13 million in fees to lawyers and US $8 million in refund to Chiluba. But we also know, and Rupiah and his minions also know very well, that these legal fees they are talking about were not paid by the Zambian taxpayer alone. Not less than US $10 million of that US $13 million they are talking about came from donors. So what are they talking about? Why do they want to distort facts? Why all these lies and malicious insinuations? It is simply to conceal their iniquities in this whole issue.
We will continue to say that no monetary value can be put on law and order and good governance. This is however not ignoring the fact that in this particular case, in this pursuit of Chiluba and his tandem of thieves, a profit has been made. The government claims to have spent US $13 million but the recoveries are far more than that. In the Chiluba case alone, US $55 million should be recovered if Rupiah and his minions will be fair enough to the Zambian people to enforce the London High Court judgment – which we doubt they will, given their criminal collusion with Chiluba to allow him to go scot-free.
It seems George and his friends would have been happier to pay the Kwachamania syndicate, US $150 million than to pay competent UK lawyers far much less in legal fees. And these are the same people who have been ready to pay RP Capital US $2 million over a very short period, over a few weeks of sightseeing Zamtel – not seven years. Anyway, this is how crooks, liars operate. They are never logical or consistent.
Labels: CHANSA KABWELA, COURTS, RUPIAH BANDA, THE POST
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The Chansa Kabwela case: a comedy of errors
By Professor Muna Ndulo
Tue 17 Nov. 2009, 05:30 CAT
COMMENTARY:In recent times the news from Zambia has been dominated by the events surrounding the prosecution of Chansa Kabwela on charges of distributing obscene materials contrary to section 177(a) of the Zambian Penal Code.
The fact that it has even proceeded this far in the court is a sad commentary and a literal comedy of errors. That it is currently before the courts is a result of errors of judgment on the part of the President and the police.
The situation is exacerbated by the failure to stop the prosecution on the part of the Director of Public Prosecutions. No other case has damaged Zambia’s image and standing as a tolerant and democratic country in the world than the Chansa Kabwela case.
The case has been widely reported in the international media and the prosecution has been condemned by just about every credible human rights and media organisation around the globe.
This case, more than anything else, demonstrates the hegemonic position occupied by the presidency in African politics and the weakness of state institutions that are supposed to provide checks and balances to the presidency.
In this saga, three institutions have failed the Zambian people. “Let's go hand in hand, not one before another”, Shakespeare writes in the Comedy of Errors and that is exactly what has happened in this frivolous process.
First, the presidency for failing to exercise self restraint and observe the limitations imposed on the presidency by constitutionalism.
Second, the police for failure to act as an independent professional force and third, the Director of Public Prosecution for failing to rise to the occasion and use his constitutional powers to stop the prosecution and thereby serve the best interest of the state.
Since 1857 when the first obscenity laws were passed in the UK, the classic definition of criminal obscenity has always been” if it tends to deprave and corrupt morals ” stated in 1868 by John Coleridge.
Perhaps the most celebrated case ever brought under the obscene publications Act in the UK was the 1960 prosecution of Penguin books for the posthumous publication of D.H. Lawrence book Lady Chatterley’s Lover.
The jury acquitted Penguin of all charges. It was established in that case that the objective of obscenity legislation is the protection of morals. In the United States, the concept of obscenity has been used to draw the line between prohibited and permitted sexual representations.
In Roth v US (1957) Justice William Brennan of the US Supreme Court held that obscenity is unprotected because it is “utterly without redeeming social importance.
Brennan confined obscenity to “material which deals with sex in a manner appealing to prurient interest.” He defined prurient interest as either “having a tendency to excite lustful thoughts “or as a “shameful and morbid interest in sex”.
He then promulgated the following test of obscenity: “whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interest.”
In Miller V. California (1973) the US supreme court ruled that “material is obscene if its predominant theme is prurient according to the sensibilities of an average person of the community, it depicts sexual conduct in a patently offensive way; and taken as a whole it lacks serious literary, artistic, political , or scientific value.”
The average person in Zambia, while no doubt being shocked and disgusted by the picture, would not regard the publication of pictures of a woman giving birth in order to expose the plight of ordinary people during a national strike by medical personnel as being prurient and having the effect or as intended to deprave and corrupt morals.
Instead, the pictures should lead to outrage and anger at those who were not making maximum efforts to end the strike.
The context and manner in which they were distributed leaves no doubt in one’s mind that the pictures were intended to make those in authority realise the serious impact of the medical strike and to bring about action to end the strike.
No doubt other situations could have been used but the choice of a maternity case was probably intended to touch the humanity in all of us and clearly succeeded in that objective.
As Shakespeare writes in the Comedy or Errors, “Every why hath a wherefore” (2.2.45). The wherefore was to show the horrible impact of the medical strike which justifies the why.
The source of the materials distributed eliminates any concerns relating to privacy issues and that would be for the woman in the picture to prosecute.
Pictures of a woman giving birth no doubt are inappropriate and the sight should make many cringe but cannot be erotic and do not deal with sex at all.
No doubt they are contrary to African tradition but that is not the test for obscenity and that is not what the obscene offences Act is designed to deal with.
The obscene offences Act when it comes to pictures is designed to deal with erotic pictures and their potential to corrupt the morals of those who view them. This case, more than anything else, illustrates poor governance and lack of independence on the institutions involved in the case-the police and the prosecution agencies.
It also illustrates the dominance of the Presidency over all other institutions. The President erred in getting involved in a matter that is clearly non-presidential.
If he felt that there might have been a criminal violation in the distribution of the pictures, his action should have ended at referring the matter to the police.
He was wrong to more or less direct the police to act. In a system that operates on patronage such as the Zambian system for a President to say “I hope those responsible for the law of this country will pursue this matter” amounts to a directive to officials whose survival depends on blind loyalty to do as he wishes.
Investigative and police wings of the government must be left to function professionally and independently.
Once the President made the mistake of issuing a directive to the police, the Inspector General of the Police compounded the situation by ethusistically carrying out the directive.
The police action shows lack of professionalism and independence. The Inspector General of Police should further realise that he is not a police man on the beat.
Where the head of the command is involved in issuing orders of arrest one begins to wonder as to who is doing the planning.
The tendency for the Inspector General to micro manage the police force as is evidenced by his recent instruction for the arrest of Kasama police officer who let a woman give birth in a cell regardless of whether an offence was committed or not will lead to an inefficient and ineffective police force.
Once the presidency and the police had erred in their handling of this case, it was then left to the Director of Public Prosecutions to step in and redeem the situation. In Zambia, the powers to conduct and supervise prosecutions of criminal proceedings are vested in the constitutional office of the Director of Public Prosecutions.
He or she has power to discontinue, at any stage before judgment is delivered any criminal proceedings instituted or undertaken by himself or any other authority (Article 56). These powers are vested in him to the exclusion of any other person or authority.
I cannot think of a more compelling case than the Chansa Kabwela case for the excise of the Director of Public Prosecution’s power to discontinue a prosecution.
The case is not supported by the definition of obscenity, the distribution of the pictures was limited to a small section of leaders; and its objective was not to corrupt morals but to draw attention to the appalling conditions in the hospitals.
Ms. Chansa Kabwela explained that the photos were tearfully brought to the newspaper by the husband of the woman in the pictures in the hope that their publication might avert more tragedies.
Many of us disagree on the approach Chansa Kabwela adopted which might very well have been influenced by her frustration in dealing with the situation, but no one can doubt that any effort to end a strike which had caused so much suffering was a noble cause.
Besides, Chansa Kabwela, in a letter to the NGO Organisations acknowledge that in future she might do things differently.
In these circumstances, entry of a “nolle proseque” will be in the best interests of the country.
I am not advocating this approach because I am worried about Chansa Kabwela being convicted.
Not at all. I, like many others, have confidence in the men and women who run our courts and their ability to administer justice and interpret the law correctly.
The Kabwela saga should be brought to a rapid resolution in order to end the unnecessary depletion of resources, bring an end to the tarnishing of Zambia’s name abroad, and end the pain felt by Zambians as they endure this unnecessary court process.
Note:Muna Ndulo is Professor of Law at the Cornell Law School and Director of the Institute for African Development in the University.
Labels: CHANSA KABWELA, COURTS, THE POST
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Appeal against ruling, Post challenges President Banda
By Mwala Kalaluka
Mon 16 Nov. 2009, 16:30 CAT
LUSAKA chief resident magistrate Charles Kafunda has acquitted Post news editor Chansa Kabwela of the case in which she was charged with circulating obscene materials or things contrary to the law.
And Post editor-in-chief Fred M’membe has challenged President Rupiah Banda to appeal magistrate Kafunda’s acquittal of Kabwela all the way up to the Supreme Court.
This is in a case where Kabwela was charged with one count of circulating two pictures of a woman in ‘labour’ contrary to section 177 1 (b) of the Penal Code chapter 87 of the Laws of Zambia.
Particulars of the offence were that Kabwela allegedly circulated the pictures between June 1 and 10, 2009 in Lusaka and the prosecution premised their case on the notion that the images tended to corrupt morals.
Delivering ruling in a parked courtroom at around 14:00 hours today (November 16, 2009) magistrate Kafunda said the photographs in question were actually meant to address matters of national interest in the health sector.
Magistrate Kafunda said there were two ingredients that had to be considered in determining whether Kabwela could be placed on her defence or not.
Magistrate Kafunda said for the offence at hand to be made out it was necessary to establish whether Kabwela did circulate the photographs and also that they corrupted the morals of the people they were exposed to.
Magistrate Kafunda said it was not in dispute that Kabwela circulated the photographs.
“Therefore, I do not wish to belabour the issue of circulation, which in my view is a settled matter and has not been contested by the defence,” he said.
He said the photographs were circulated and exposed to PWI, PW3, PW5, PW6 and PW10.
But he said in determining whether there had been any prima facie case made against Kabwela, the second and last ingredient of whether they tended to corrupt the morals of those the photographs were exposed to had to be considered.
Magistrate Kafunda said he had recourse to look at the photographs themselves and what they portrayed and this was further buttressed by some of the prosecution.
He said one of the pictures showed a woman in labour with a ‘dead’ child coming legs first.
“From the photographs, the mother’s vagina is visible,” magistrate Kafunda said.
Magistrate Kafunda said according to the witnesses they were shocked and angered by the pictures because to them the process of giving birth was a sacred one according to the Zambian culture.
Magistrate Kafunda said according to the prosecution witnesses the public nature in which the photographs were circulated were in violation of the local customs and an affront to the women’s standing.
Magistrate Kafunda said according to one of the female witnesses, Nawina Hagwagwa she was shocked by the pictures to the extent that she retorted that ‘ki mitolo’, which means taboo in Silozi.
He noted that according to some of the prosecution witnesses the violation of customs in Zambia was a corruption of morals and so was the demeaning of women.
“Every society, including Zambia, has its own tenets of customs that guide what is wrong and what is right,” magistrate Kafunda said.
But magistrate Kafunda said it does not follow however, that conduct that may depart from such morals may be obscene.
He agreed that the test of obscenity went beyond such considerations in that that alleged to be obscene must tend to corrupt morals.
“I have had recourse to the photographs in question, I do sympathise with the witnesses as to the effect the photographs generated in them but unfortunately that in itself does not amount to corruption of morals,” magistrate Kafunda said. “I saw no evidence whatsoever…”
Magistrate Kafunda said having considered the evidence he had found that the prosecution had failed to prove the obscenity and corruption of morals ingredient.
He said against the above background it would be prejudicial for the court to place Kabwela on her defence.
“This trial must therefore terminate,” magistrate Kafunda said.
He said this was so because no case had been made out against Kabwela by the prosecution and that he was therefore accordingly acquitting Kabwela and dismissing the case against her under Section 206 of the Criminal Procedure Code (CPC).
“The state has right to appeal,” said magistrate Kafunda.
Following the court’s pronouncement the audience, who included family members, media workers, members of the public, politicians and activists filed out of the courtroom in a celebratory mood.
One of Kabwela’s lawyers, Remmy Mainza, told journalists outside the courtroom that it was clear from the onset that the case was not one that should have seen the inside of the courtroom.
“I do not know the motive of the prosecution,” he said. “The law was on our side. I was confident and that is why we put up a good fight based on the fact that the law was on our side.”
Mainza said the prosecution did put up a good fight only that the facts were against them.
In a post-ruling interview, Kabwela said the outcome of the case was not for herself or for the Post but for the poor woman who was in the ‘labour’ pictures and for those other people that suffered during the health workers’ strike.
“I have been vindicated. I have always said that whatever I did was purely out of good will on behalf of the Post,” Kabwela said.
“I think I can’t find the right words to use at the moment. I am happy that the court has vindicated me. Whatever I did on behalf of the newspaper was not in anyway meant to discredit anyone.
The letter to the Vice-President (George Kunda) was very clear. I was merely trying to bring to attention the situation in the hospitals.”
Kabwela said the fact that some people had interpreted her decision as a circulation of pornography was something she would live with because she could not understand such perceptions arising from a sad picture.
Kabwela said the Post newspaper and herself were able to face the case following the immense support they got from the members of the public.
And M’membe challenged President Banda to appeal his ‘pornography’ case all the way to the Supreme Court.
“There are so many things to say about that acquittal of Chansa. This was a case started by President Banda against us. He publicly accused us of pornography and called us all sorts of names. He insulted us of being sick, morbid and peculiar,” M’membe said in an interview.”
“Everyone can remember how charged President Banda was about this issue and instructed the police to arrest and prosecute us. Our innocence has been proved. Mr. Banda’s allegations against us could not even go beyond case to answer.”
“We challenge him to appeal magistrate Kafunda’s ruling. We won’t ask for what he dif with his friend Frederick Chiluba. We do not fear an appeal like them. So we urge them to appeal all the way up to the Supreme Court. As I said there is a lot to say and we will say it at length in the coming days.”
During a press briefing at State House President Banda made some comments on the ‘labour’ pictures and below is a verbatim.
Question: Good morning Your Excellency, my name is Costa Mwansa from MUVI-TV. In your address Sir you did mention that you have the powers to appoint and relieve people of their duties without the consent of either people from the opposition or even students.
My question is on the fact that you were presented with the Dennis Chirwa tribunal report of which the nation did expect you to comment on the findings but there were concerns that you kept rather silent on the tribunal findings and were very quick to reappoint Honourable Dora Siliya as Minister of Education in very short period of time after the case was quashed by the High Court.
President Banda: (after talking about the Dennis Chirwa led tribunal) … I like your question because perhaps this will help me to explain that she (Dora Siliya) was at ZIBAC not for the pleasure of sitting next to me which she didn't. There were many witnesses.
It was like we have got many diplomats who were there with us from all over the world, from all the countries that are accredited to Zambia.
They know that Dora Siliya was sitting at the back and you know I’m so big so I don't turn around I didn't even have the pleasure of looking at her. I saw her in the paper sitting next to me, this manipulation, this is lies, everybody knows that The Post lied.
Dora Siliya did not sit behind me...next to me. Next to me was sitting Honourable minister Mutati, minister of commerce, on my left was sitting Dr Mwanza and the other day was sitting the treasury...the deputy secretary to Cabinet Evans Chibiliti.
At no time did Dora Siliya sit next to me. In any case what's wrong with Dora Siliya sitting next to me? What are you trying to imply?
Just because you are morbid and peculiar you sent photographers to go and take pictures of your mother naked, shame on you!
And I hope that there are laws in this country to stop the young men from taking pornography. I hope those responsible for the law of this country will pursue this matter.
Shame on you photographer who took the pictures of our mothers naked. I couldn't look at it, when I looked at it I threw it away and you wanted to be sending it round...it means that you are sick yourself and don't pretend to be worried about the people in the hospital.
You are the same people who are saying the nurses should continue to go on strike, the doctors. Who is going to look after our sick? This is not fair for us to be subjected to trash and call it journalism.
Wamene uyo mwana...(that same child) who took that picture of the mother I wish him good luck! You cannot go and take pictures of a woman who is my mother, all of us are from women, and send it round without shame.
How do you think? I would be ashamed to show it even to another person.
At this point President Banda's press aid Dickson Jere interjected.
Thank you, Your Excellency...
President Banda: Don't stop me I want this to stop. In this country that's why I agree with the mothers whoever has come to introduce into our country journalism of showing naked pictures of mothers and children is a sick person and he should be watched and arrested if caught up with this. This is something unacceptable.
Jere: I think most of you may not know the background where the President is talking about...it's that one newspaper has been distributing these pictures to different organisations showing our mothers giving birth at UTH.
And some of the pictures have been sent to us and I think your guess is as good as mine, which that newspaper is. I will take more questions.
Labels: CHANSA KABWELA, CHARLES KAFUNDA, COURTS, RUPIAH BANDA, THE POST
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Ruling for Kabwela’s case on today
By George Chellah
Mon 16 Nov. 2009, 04:01 CAT
The case where Post news editor Chansa Kabwela is charged with circulating obscene matters comes up today for ruling before chief resident magistrate Charles Kafunda. This is in a matter where Kabwela is charged with circulating two obscene photographs tending to corrupt public morals.
The state brought ten witnesses in the matter and magistrate Kafunda is expected to make a ruling of case or no case to answer.
Labels: CHANSA KABWELA, COURTS, THE POST
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M’membe takes plea
Written by Mwala Kalaluka
Thursday, October 15, 2009 6:28:56 PM
POST editor Fred M'membe yesterday pleaded not guilty to a charge of contempt of court before Lusaka magistrate David Simusamba. And Post deputy managing director Sam Mujuda has been discharged of contempt of court for now pending his return to Zambia.
M'membe, 50, a journalist by occupation, and Post Newspapers Limited have been charged with contempt of court following the publication on of an article on August 27, 2009 entitled “Chansa Kabwela case: a comedy of errors” which they said touched on the case of the people versus Chansa Kabwela, knowing very well that it was a subject of court proceedings.
When the matter came up yesterday, Lusaka division prosecutions officer Frank Mumbuna raised an application on the fact that there was only one accused person in the dock when the persons charged were three. He said the charged persons were M'membe, Mujuda and Post Newspapers Limited.
Mumbuna said section 356 of the Criminal Procedure Code (CPC) was very clear on the procedure to be adopted when a company or corporation had been cited for contempt. He said this section talked about a representative being served with the summons and appearing before the court.
“This representative can be appointed by the management of a particular company. It is interesting to note that before you, there is only one accused person, Mr Fred M'membe,” Mumbuna said.
He said there had been no excuse from the defence as to the whereabouts of the company representative.
“By that your honour, through the company representative, this court could have been addressed by such a person as to the whereabouts of Mr Sam Mujuda,” he said. “We pray that as a matter of procedure, there should be an explanation from particularly the defence counsels that are representing the Post Newspaper why this representative is not before this court. With due respect, we submit that keeping silent is not enough for the defence because the law compels them to give an explanation.”
Mumbuna noted with interest that the representative of the Post Newspapers had signed on behalf of the company and yet decided not to go to court.
M'membe's lawyer Remmy Mainza said the defence were amazed that they were being asked to account for the absence of an accused person. He said on October 8, 2009 the court issued summons to the three accused persons and that he was reliably informed that the clerk of court was given the task of effecting service on all the accused persons.
“We can confirm that Mr Fred M'membe was served with the summon hence our appearance this morning. The third accused, Post Newspapers, we also confirm that they were served and we have placed ourselves on record as representing the said accused,” he said. “We can't account for the absence of the second accused person because we were not entrusted with the responsibility of effecting service on Sam Mujuda.”
Mainza said the service of summons on M'membe was not the same as service on Mujuda and that the same applied to service of summons on Post Newspapers.
Mainza said the onus of ensuring that an accused person appeared before the court was on the person who effected summons and that until such an officer confirmed to the court that he or she complied with the law, the court should decline to make any order or orders against the accused given the absence of evidence.
Another defence lawyer, George Chisanga, said the absence of a company representative should not cause any problems for the court.
Chisanga said section 365 of the CPC that Mumbuna had cited in his application was not a mandatory provision but a permissible as noted in the usage of the word may as opposed to shall.
Chisanga said subsection six of section 365 gave the court power that it could proceed to enter a plea of not guilty if a representative of an accused operation failed to appear in court.
“I will earnestly urge this court to consider that the state by raising this issue before you now are carefully circumventing their obligation to ensure the attendance before you of the three people who stand accused of contempt of court,” he said.
“On behalf of the accused before this honourable court, we were in fact expecting the state to explain to the court how we can proceed today in the absence of one of the accused persons?”
Chisanga also urged the court not to make any pronouncements on the issues that had been raised by the prosecution.
But Mumbuna said the two defence counsels had admitted that they were representing both M'membe and Post Newspapers but had lamentably failed to furnish the court with information on the whereabouts of Post Newspapers or its representative.
“What we are saying, your honour, is that where is The Post before this court?” Mumbuna asked. “It is trite law that when one is represented he speaks through his representative on all legal matters.”
However, Chisanga said if counsel were to be compelled to provide the kind of information that Mumbuna was asking the defence to supply to the court, it would be tantamount to adducing evidence from the bar.
And ruling on the application following a close to one hour adjournment, magistrate Simusamba said he had established that the service of summons on the accused persons was done in line with the legal provisions.
Magistrate Simusamba said in line with section 98 (1) of the CPC he was restraining himself from granting the application regarding the absence of Mujuda in the absence of an affidavit by the person who served the summon.
Magistrate Simusamba ruled that since all the three accused persons were separate entities, he could not compel any of them to reveal the whereabouts of their co-accused.
He said therefore the application by the state requesting the defence to reveal the whereabouts of an accused person must fail.
Mumbuna then applied that Mujuda be dropped from the proceedings but that the state was aware that Mujuda was a Zambian and shall one day be in the country.
M'membe then proceeded to take plea and pleaded not guilty. The court also entered a plea of not guilty in respect of Post Newspapers Limited in the absence of a company representative.
Magistrate Simusamba set October 29 and 30, 2009 as the dates for commencement of trial and the state said they would call four witnesses.
Veteran politician Simon Zukas, PF leader Michael Sata, musician Maiko Zulu, Post Newspapers employees and other stakeholders attended the court hearing.
Labels: CHANSA KABWELA, COURTS, FRED M'MEMBE, THE POST
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Post editor M’membe in court for contempt
Written by George Chellah
Wednesday, October 14, 2009 7:12:34 PM
POST editor-in-chief Fred M'membe is today appearing in court over the contempt case. M'membe is this morning appearing before magistrate Simusamba.
According to the summons to accused delivered last week at The Post dated October 8, 2009, M'membe was ordered to appear before magistrate Simusamba on October 14, 2009.
"In the subodinate court of First Class for the Lusaka district, holden at Lusaka. To: FRED M'MEMBE-EDITOR IN CHIEF Of: THE POST NEWSPAPERS LIMITED-LUSAKA. WHEREAS your attendance is necessary to answer to a complaint of Contempt of Court contrary to section 116(1)(d)(i) of the penal code chapter 87 of the Laws of Zambia. Statement of Offence: CONTEMPT OF COURT contrary to section 116(1)(d)(i) of the penal code chapter 87 of the Laws of Zambia," read the summons to accused in part.
"Particulars of Offence: FRED M'MEMBE, SAM MUJUDA AND THE POST NEWSPAPERS LIMITED on 27th day of August 2009 at Lusaka in the Lusaka District of the Lusaka Province of the Republic of Zambia, being Editor in Chief of The Post Newspapers Ltd, Deputy Editor in Chief, and the publisher respectively jointly and whilst acting together, did publish or cause to be published in The Post Newspaper No. 4697 dated 27th August 2009 an article touching the case of the People Versus Chanda Kabwela titled:
"The Chansa Kabwela Case: a Comedy of errors," knowing the said case is the subject of criminal proceedings in court, an act which is contemptuous, sensational and prejudicial to the said proceedings. You are hereby commanded in the name of the President to appear in person. Before this court at 09:00 on the 14th day of October 2009 and on every adjournment of the court until the case be disposed of. Issued at Lusaka the 8th day of October 2009."
Labels: CHANSA KABWELA, COURTS, FRED M'MEMBE, THE POST
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Time will prove us innocent
Written by Editor
We are ordinary citizens with a duty to obey the laws of our country. And at no time have we ever thought ourselves of being in any way above the law. But citizenship demands a contribution from us, as it does from every other citizen, to build our nation’s future.
This includes voting, fighting corruption, paying taxes, obeying the laws. And as citizens, we will contribute whatever little we have to the collective good of our country. It is said that what a single ant brings to the anthill is very little; but what a great hill is built when each one does a proper share of the work. And the right of all individuals and organisations and their practical implementation must be acknowledged, protected and fostered, together with the public duties binding all citizens.
Christians say that the law is an instrument of God’s self communication; it guides human beings to share in divine life through love. But we also know that this same law has been a subject of abuse. Whereas the rule of law requires the right to equality before the law, or equal protection of the law as it is often phrased, we know that this is not always so in our country.
We say this because there are circumstances in this country when those in power impose additional inequalities when the state should be required to deal evenly and equally with all its people.
We have no problem submitting ourselves to the law because we recognise that, however indirectly, we are submitting to ourselves as makers of the law. But we also recognise the fact that in every society throughout history, those who administer the criminal justice system hold the power with the potential for abuse and tyranny.
And on many occasions, we have been victims of this abuse and tyranny. In the name of the state, we have been arrested, we have been imprisoned unfairly and unjustly – even without any formal charges being brought. This was the case when the editor of this newspaper was detained at Lusaka Central Prison for one month without any formal charges, without any hearing or defence.
No civilised society can tolerate such abuses. As we have pointed out before, every state must have the power to maintain order and punish criminal acts, but it must do so in a fair and just way and not in an arbitrary manner or subject to political manipulation by those in power.
And that is why many people in this country are insisting that the independence of the judiciary is an essential pillar supporting the rule of law. It is not enough to say that the courts should follow and apply the laws faithfully and equally to all. One must, in addition, demand that there should be no dispensing power vested in the executive or other body which would relieve a person from the duties and processes of the law. For us, if we have committed a crime, we believe we should be made to meet the temerity of our actions like every other citizen.
There is hardly a more powerful weapon which can be abused in the hands of a corrupt regime than that of initiating or discontinuing prosecutions. It is notorious that successive regimes in this country have abused the prosecution process by harassing opponents of the regime through unjustifiable prosecutions, or by exempting their own supporters and friends from liability for illegal acts through discontinuance of prosecutions.
The judiciary, at whatever level, may find itself confronting these abuses, and may find itself subjected to enormous pressures to accept them. Often, if the process is legal but unfair, there is little that a court can do. So the potential for abuse remains. And for us who are not in the business of selling widgets, for us who are trading in, or are engaged in the battle of, ideas this danger will always be lurking.
For us who are involved in exposing and denouncing abuses and corruption of the powerful, of those in control of government and the entire state machinery will always be targets or victims of such abuses. What they can’t do politically or otherwise against us, they will use their leverage on the courts to do against us. But we firmly believe that only through hardship, sacrifice and militant action can the liberties of our people be advanced and defended. And to borrow from Nelson Mandela, there is no easy walk to freedom, to justice, to fairness, to a more humane society and too many have suffered for the love of all these noble things.
For this reason, the pursuit of justice must be a fundamental norm of the state. And if criticism is valid, it must be made. And in so doing, we must follow the dictates of our conscience irrespective of the consequences that might overtake us for it. And it is said that there are few misfortunes in this world that one cannot turn into a personal triumph if one has the iron will and the necessary skill. The problems our country faces today are such that for anybody with a conscience and who can use whatever influence he or she has cannot but try to do something, it’s difficult to keep quiet.
Let it never be said by future generations that indifference, cynicism, selfishness, opportunism and even outright corruption made us fail to live up to the ideals of justice, of humanism that our people yearn for. Let’s fight a noble battle and live our lives in pursuit of a better life for all who will follow. Let the generations that will follow feel that the sweet fruit of their lives are as a result of the struggle and sacrifices we are making today just as we feel about what the independence struggle generation did for us.
Justice and even peace and tranquility are only possible if these are enjoyed by all without discrimination on the basis of political affiliation. Justice must be our tool, prosperity and happiness our weapon. We are ready and willing to learn from both pleasant and unpleasant experiences because it is in the character of growth that we do so.
And there can be no doubt, of course, that criticism is good for people and for institutions – be it the judiciary, the legislature, the executive, the church, the chieftaincy, the news media – that are part of public life. And for this reason, no such institution should expect to be free from the scrutiny of those who give it their loyalty and support, not to mention those who don’t.
However, we also know that in every society, there are men and women of base instincts. The sadists, brutes, conveyors of all the ancestral atavisms go about in the guise of human beings, but they are monsters, only more or less retrained by disciplined and social habit. And if they are offered a drink from the river of blood, they will not be satisfied until they drink the river dry. All these men needed was the order. At their hands, the best and noblest people perished: the most valiant, the most honest, the most idealistic. The tyrant called them criminals, law breakers. They were being harassed, humiliated, crucified at the hands of men who collect a salary from the taxpayer and later use their privileges to serve the interests of a clique and harass and humiliate the best citizens.
It is said that in the world, there must be a certain degree of honour just as there must be a certain amount of light. Where there are many men and women without honour, there are always others who bear in themselves the honour of many men and women. These are the men and women who rebel against injustice, against those who try to steal human honour itself. And in those men and women, thousands more are contained, an entire people is contained, human dignity is contained.
It is understandable that honest men should be in the dock for things like these in a country where the former president is a criminal, a thief, a lazo.
We know that they are very desperate to have the editor of this newspaper in prison, humiliated in all sorts of ways. But they should also know that fear of prison is something that has never tortured us, as we do not fear the fury of the miserable, corrupt tyrants who have stolen millions or billions from our people and country. And for this reason we confidently say: charge us, prosecute us, convict us if you want. It doesn’t matter. Time will prove us innocent.
Labels: CHANSA KABWELA, COURTS, FRED M'MEMBE, THE POST
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