Be happy about ‘abuse of office’ - Mwansa
By Patson Chilemba
Mon 15 Nov. 2010, 04:01 CAT
DEFENCE minister Kalombo Mwansa has said people must be happy about the removal of the abuse of office clause from the ACC Act. In an interview, Dr Mwansa said the government had streamlined the law because it also appeared in the Penal Code. He said it would not help to have a multiplicity of offences.
“The Penal Code covers that offence more adequately than even the one that we have removed. So nothing has changed basically. People just don’t want to read and understand. That is the biggest problem,” Dr Mwansa said.
He said according to the country’s Constitution an accused person should not be compelled to give evidence.
“If I elect to remain silent, it is up to the prosecution to prove me guilty, not me to explain that I am innocent. The law that we have removed was in conflict with the Constitution,” he said.
Dr Mwansa said the onus was on the prosecution to prove that someone was guilty.
“People must be happy about this. In my view, lawyers must be happy about this,” Dr Mwansa said.
“We are always revising laws, and there is no better time or worse time to revise the law. Time has come to do that.”
When asked why the government was removing the law when it had been used to convict several people, Dr Mwansa responded: “It has worked but it has violated our own Constitution. Why should we keep the law that violates our Constitution?”
Dr Mwansa said the government was comfortable with the removal of the offence and those criticising the decision should read and understand.
“They will understand why we did it,” he said.
On the assertions that President Banda was the worst President because his last two years in office had been a disaster, Dr Mwansa said some people were just “confirmed” critics.
He said the government was not worried about the criticism on President Banda but would continue building and delivering to the people.
Dr Mwansa also argued that President Banda had not thrown away late president Levy Mwanawasa’s legacy because he was implementing the MMD manifesto.
Dr Mwansa said President Banda was carrying on the mandate given to him by the party, adding that the MMD was revising its manifesto in readiness for the 2011 general elections.
Labels: ACC, CORRUPTION, KALOMBO MWANSA, PENAL CODE
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MISA asks govt to stop seeing press as an enemy
By George Chellah
Mon 14 June 2010, 04:00 CAT
MEDIA Institute of Southern Africa (MISA) regional director Kaitira Kandjii has called on the Zambian government to stop viewing the media as an enemy.
In a statement, Kandjii noted that MISA was deeply concerned about the recent harassments of The Post, which had been worsened by the prosecution and detention of the newspaper’s editor-in-chief Fred M’membe.
“MISA views the prosecution and detention of M’membe as a deafening attack on media freedom and freedom of expression. This is indeed one of the darkest hours in Zambian media history.
MISA’s regional secretariat and its 11 chapters throughout southern Africa, outrightly reject the judgment by Magistrate Simusamba and regard it as a betrayal of media freedom and freedom of expression,” Kandjii stated.
“While passing the judgment Magistrate David Simusamba said “the sentence is meant to reform M’membe as well as to deter would-be offenders after him”. These words are a threat to every Zambian and are meant to instill fear.
The Post newspaper has been a major critic to Zambia’s bad governance and its prosecution is a sign by the Zambian government to avenge dissenting voices.”
He stated that it was disturbing to note that The Post and M’membe were being prosecuted for giving a platform to a citizen to express himself on an issue of public concern.
“The Zambian media has a responsibility to publish and broadcast news and information and in this case The Post had the right to publish an opinion article by Professor Ndulo.
The fact that Kabwela’s case was before the court did not override the rights of people to express their opinions about the ongoing trial. It was a matter of public knowledge, interest and dialogue,” Kandjii stated.
“It should also be noted, that the Zambian Penal Code under which M’membe and The Post are being prosecuted is archaic.
Its content emanates from ideologies of the former colonial regime and such sentiments should not have any root in the modern society, which claims an independent judiciary.
The Penal Code is draconian and includes abusive legislation which by their very nature are intended to silence public voices.”
He stated that MISA hopes and trusts that the Zambian High Court would not neglect these facts in its analysis of M’membe’s case.
“MISA still calls on the Zambian government to respect media freedom and freedom of expression as guaranteed by international instruments such as the Article 19 of the Universal Declaration of Human Rights, the African Charter on Human and People’s Rights, Declaration of Principle on Freedom of Expression in Africa as well as the Windhoek Declaration which Zambia as a country has ratified,” Kandjii stated.
“MISA has also noted that Zambia has since obliterated the guarantee for media freedom and freedom of expression in its constitution and international tools and thus reflects bad examples to other SADC countries.
MISA calls on the Zambian government to relook on its relationship with the media and stop viewing the media as enemy. The media is a watchdog of democracy and good governance and therefore should be allowed to report freely on any issue of public concern without fear.”
He stated that MISA views the judgment against M’membe and The Post as unjust.
“We share a principled stance with M’membe and The Post that the media is an avenue through which citizens seek, receive and impart information and ideas ‘regardless of frontiers’.
We therefore pledge solidarity as we await the outcome of the appeal,” stated Kandjii. “Furthermore, we call on Zambian citizens to be vocal in their denunciation of the treatment received by M’membe and The Post.
It is our view that an attack against media freedom is an attack against the most vital and basic human right of every citizen, i.e. the right to express ourselves freely.”
Labels: FRED M'MEMBE, MISA, MUNA NDULO, PENAL CODE, PRESS FREEDOM, THE POST
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