Nevers sues Times, Daily Mail
By Mwala Kalaluka and Namatama Mundia
Wed 04 Jan. 2012, 13:55 CAT
FORMER Zambian High Commissioner to Canada Dr Nevers Mumba has sued the Zambia Daily Mail and its deputy managing editor Anthony Mukwita for defamation of character over the K500 million Barrick Gold scandal article.
And Pastor Mumba has sued the Times Printpak Zambia Limited, the producers of the Times of Zambia for defamation. According to a statement of claim, where the Zambia Daily Mail and Mukwita are cited as first and second defendants respectively, filed in the Lusaka High Court registry, Pastor Mumba, a former Republican vice-president, is also seeking an junction restraining the respondents, their servants and agents from further publishing, printing and distributing same or similar libel articles about him.
He is claiming damages including aggravated or exemplary damages for defamatory libel in the Zambia Daily Mail article which was printed, published and distributed by the defendants electronically and by hard copy on 21 December, 2011 in the article headed ‘Nevers in K500m gold scandal'.
He said he was at all material times a politician and member of the MMD who had held various positions, the last being that of Zambian High Commissioner to Canada.
Pastor Mumba claimed he was also an ordained pastor and founder of the well-known Victory Ministries and a television evangelist who was widely known both in Zambia and internationally and that the story published about him by the Zambia Daily Mail was false and malicious.
He said the words in the article were false and published out of malice and reckless disregard for the truth.
He said the words in their ordinary and natural meaning were understood to mean that he was a criminal who was connected to an illegal criminal scheme involving K500 million gold cash.
Pastor Mumba said the article was also understood to mean that the man of God failed to resist money temptation and solicited for and reasonably received US$122,000 from Barrick Gold which he personally benefited from.
He further stated that the words also meant that he diverted money from Barrick Gold and misapplied it to some use other than what it was meant for which amounted to obtaining money by false pretences and or theft by public servant.
Pastor Mumba said the article alleged that he was paying "ghost" workers or company for the work which was not done and was not fit to hold any political office.
He said the article was part of the orchestrated scheme to lay fraud and that he flouted government procedures with regard to the Barrick Gold.
He said as a result of the story, his political ambitions have been severely dented more so that the Zambia Daily Mail newspaper ignored his statement that he sent to them which offered clarification and explanation on the issue.
Pastor Mumba is also demanding interest and costs relating to the legal suit.
And Pastor Mumba, in another suit against the Times of Zambia, said the December 13, 2011 article titled cops challenge Nevers Mumba… provide answers to allegations of impropriety was defamatory of him.
"The plaintiff is at all material times a prominent politician and aspiring presidential candidate in Zambia's leading opposition party, the Movement for Multiparty Democracy as well as a clergyman and immediate past Zambia's High Commissioner in Canada," reads the statement of claim filed by his lawyer Sunday Nkonde.
"On 13 December 2011, the defendant (Times Printpak) caused to be published defamatory material on its front page under the headline Cops challenge Nevers Mumba … provide answers to allegations of impropriety with the following words: The Zambia police service yesterday said former High Commissioner to Canada Nevers Mumba should prepare answers to allegations of impropriety about his work at the High Commission in Toronto. Police spokesperson Elizabeth Kanjela told journalists at her office in Lusaka yesterday shortly after Dr Mumba appeared before a team of investigators that the former High Commissioner should not complain of victimisation but should allow the law to take its course."
Pastor Mumba contended that the said words in their natural and ordinary meaning were understood to mean that he was a suspected criminal and that he had known cases of impropriety at the High Commission in Toronto, Canada, which he had to answer to.
"That the plaintiff is guilty of impropriety unless he proves to the contrary. The said words were calculated to disparage the plaintiff and to diminish his political ambition. The said words were calculated to cause injury and did cause injury to the plaintiff's reputation and as a result the plaintiff has suffered ridicule, contempt and public odium," reads the statement of claim.
"By reason of the above, the plaintiff has been greatly injured in his character, credit and reputation as a national leader and clergyman."
Labels: COURTS, DAILY MAIL, NEVERS MUMBA, THE TIMES
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Times faces contempt proceedings
By Mwala Kalaluka
Fri 30 Dec. 2011, 13:30 CAT
THE Lusaka magistrates' court has instituted contempt proceedings against Times of Zambia after Maxwell Mwale complained that the newspaper fabricated evidence from his trial.
But the Lusaka magistrates' court has dismissed Mwale's application that issues relating to the State's fresh investigations against him in the midst of trial be referred to the High Court.
This is a matter where former mines minister and current Malambo MMD member of parliament, Mwale, is charged with the offence of failing to account for 261 bicycles reasonably suspected to have been stolen.
When the matter came up for continued trial on Wednesday, Mwale's lawyers applied that Times of Zambia be excluded from the proceedings in view of its news article on the previous day's proceedings, saying it was a misrepresentation of facts.
Subsequently, Lusaka chief resident magistrate Joshua Banda summoned Times of Zambia managing director Godfrey Malama and the reporter involved to appear before him to explain themselves.
When Malama, 57, and senior reporter Delphine Hampande, appeared before him yesterday morning, magistrate Banda said the story was said to be prejudicial and did not represent what was said by the two witnesses.
Malama said he sanctioned the publication of the story Mwale's advocate, Sakwiba Sikota, had complained of.
"The article was published in Times of Zambia," Malama said.
"The onus of ensuring the information in any article is correct, that should be the onus of the author of the article, although the editor-in-chief sanctions the same."
Malama said it was Times of Zambia's common practice of not by-lining their news stories and that the omission of the reporter's name from the article in question was not therefore exceptional.
Hampande said the story she tendered was accurate and that it was edited after passing through the relevant channels.
In his ruling, magistrate Banda said in light of the statements from Malama and Hampande, he would institute contempt proceedings against Times of Zambia.
"Formal summons shall be accordingly served on the concerned officers to answer to why they should not be cited for contempt over the article in question," magistrate Banda said.
The matter was then adjourned to January 10, 2012 for hearing.
But magistrate Banda dismissed the defence's application that the issue of fresh investigations against Mwale by the security agencies when he was already before the court be referred to the High Court for determination.
In his application, Sikota said only the High Court would determine the questions whether it was right for the state to continue investigating Mwale when he was being tried, among other issues.
"I don't think that the issues raised by State Counsel Sikota warrant being referred to the High Court," said magistrate Banda. "The application to that extent collapses."
Meanwhile, a witness testified in the Lusaka magistrates' court yesterday how MMD deputy national secretary Chembe Nyangu instructed him to collect 20 bicycles from Mwale's Makeni home.
This is in a case where Mwale is appearing before magistrate Banda, charged with one count of failing to account for bicycles reasonably suspected to have been stolen.
Conference Miyoba, a driver working for the MMD secretariat, testified during continued trial yesterday that he collected 20 bicycles from Mwale's Makeni home on the evening of October 17, 2011 at Nyangu's behest.
He said he delivered the bicycles at the MMD secretariat but that on his way back to collect 16 more bicycles the next day, he was intercepted by police officers who brutalised him whilst asking where he got the bicycles from.
Miyoba said one of the officers threatened to kill him but that one Lozi officer saved him from further beatings.
In cross-examination, Miyoba said the security officers did not have a search warrant when they blocked him at the Makeni-Chawama junction and neither did they have one when they searched a container at Mwale's house.
But in re-examination, Miyoba said he did not know where Mwale got the bicycles from.
And when the prosecution applied for an adjournment of the matter, Sikota said the request confirmed that the state had not been ready for the trial all along.
"In spite of what we stated yesterday Wednesday, my client was being asked how the bicycles were cleared," Sikota said.
He said he was involved in the election petitions before the High Court and that the Chief Justice had said the petition cases should be given precedence.
However, the prosecution said they were only remaining with two witnesses and they would be able to close their case at the next sitting.
They added that no investigations were being conducted in relation to the charge already before the court.
The matter was then adjourned to tomorrow, December 31 for continued hearing.
Labels: MAXWELL MWALE, THE TIMES
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PF has de-politicized newsrooms in public media – Tembo
TIME PUBLISHED - Sunday, October 30, 2011, 3:05 pm
Information Broadcasting and Tourism Deputy Minister Forrie Tambo says the Patriotic Front (PF) government has de-politicized newsrooms in the public media and enabled them to operate independently.
Mr. Tembo says government has taken a number of reforms since coming into office last month which have seen the public media operate independently. He stated that the changes that his government has taken in the media include changing of management at various public media institutions in the country.
He said the changes the government has made has resulted in the public media to stop operating as propaganda tool for government but give balanced coverage to different stakeholders.
He said the public were now testifying that the public media had become very objective adding that his government would not interfere in the running of the institutions.
“This is in line with the government vision of freeing the media in the efforts to have objective media,” he said.
Mr. Tembo who is MMD Nyimba Member of Parliament (MP) said this in parliament yesterday when debating the President’s speech during the official opening of the National Assembly.
The Deputy Minster has further said the merging of the Ministries of Tourism, Environment and Natural Resources and Information and Broadcasting Services will also help the country to market its tourism potential.
He said the change has already shown results by making Zambia win the joint bid with Zimbabwe to co-host the United Nations World Tourism Organization General Assembly in 2013.
The public media came under serious attack from stakeholders prior to last month’s general elections as it was accused of being biased and used as a tool for propaganda by the former MMD government.
ZANIS
Labels: DAILY MAIL, FORRIE TEMBO, MEDIA, PF, THE TIMES
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Govt retires Times news editor Sakala
By Ernest Chanda
Fri 07 Jan. 2011, 04:00 CAT
PRESS Association of Zambia president Andrew Sakala has been retired from the Times of Zambia. Sakala, 45, who served as News Editor in Lusaka for over two years, was retired on Wednesday in ‘public interest’.
Well-placed sources within the Ministry of Information and Broadcasting Services said there was a scheme by the government to weaken PAZA, which had been part of the media bodies fighting for self-regulation.
The sources said the government had been hunting down individual editors in the public media who had been opposing statutory media regulation.
The sources disclosed that there was a scheme by the government to weaken the Media Liaison Committee by targeting and influencing its members like the Zambia Union of Journalists and the Zambia Union for Broadcasters and other Information Disseminators (ZUBID) to pull out of the consortium.
“We know that some of the individuals in these unions are principled, but they may be forced to choose between their jobs or principles,” a source said.
When contacted, Sakala, who had served Times of Zambia for 20 years in several positions, confirmed having been retired but declined to comment further on this retirement.
However, Sakala said the government should this year allow freedom of expression even to those who appeared to be a nuisance to them.
Sakala said the government should also stop intimidating media practitioners, especially those in the public media.
“As a media we are still battling and the signals from government are bad. We have to press on for media freedom. Government has an obligation to ensure that people have access to information, and that people express themselves freely," Sakala said. "This is 2011 and I appeal to the government to accommodate even those views they don't like. Even media houses that seem to be critical of government should be allowed to exist because that's the essence of media freedom. Government should not intimidate the public media by retiring editors they seem not to like. Let the media operate freely."
He said the Zambia Media Council (ZAMEC) was not about an individual person or organisation.
Sakala said the proposed media body's origin was very clear; it was about promotion of professionalism and protection of the public.
Labels: ANDREW SAKALA, PAZA, THE TIMES
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Times’ ‘coverage of news is pretty awful’
By George Chellah
Thu 30 Dec. 2010, 04:01 CAT
THE ECONOMIST has desc-ribed the Times of Zambia’s coverage of news as “pretty awful”.
This is contained in the latest edition where the world acclaimed magazine has reviewed the media in Southern Africa under a preamble ‘Twitchy governments are making life a misery for independent journalists.’
“State-run newspapers anywhere tend to be pretty awful. The Times of Zambia is no exception. A front-page banner headline earlier this month praised the country’s President, Rupiah Banda, for “doing a good job”. The paper did not mention the copper-rich country’s dismal 150th place (out of 169) in the latest UN Human Development Index, nor the fact that Zambia is one of only three countries (along with Zimbabwe and Congo) whose human-development score is actually lower than it was in 1970,” read the article in part.
“By contrast, Zambia’s only independent paper, The Post, is entertainingly merciless. A front-page headline in April pronounced that the President had “a small brain”. But most of its stories are worthy, challenging conventional wisdom and powerful interests, and often exposing failings in all three of Zambia’s main political parties. That is no way to make friends in politics, of course, and The Post has honourably few. Influential readers have flung stones and punches in its direction. The government sues constantly, mimicking its counterparts in neighbouring countries.”
The article stated that press freedom was under threat across Southern Africa.
“In Mo Ibrahim’s index of good governance the southern part of the continent generally does well.
“Four of the five top places on the 53-country index go to members of the Southern African Development Community (SADC), a 15-country regional club; nine of its members feature in the top 20. But when it comes to press freedom, not a single SADC country—other than little Mauritius in the Indian Ocean—is deemed “free” by Freedom House, a think-tank based in Washington, DC,” The Economist stated.
It also cited South Africa as the saddest case because it was the most unexpected.
“After winning power in 1994, the African National Congress (ANC) moved fast to lift the press shackles of the apartheid era, enshrining freedom of expression as well as “the right to access any information held by the state” in the country’s 1996 constitution. But, now in government and thus on the receiving end of the media’s lash, the ANC’s passion for a free press has waned,” read the article. “Government attempts to curb South Africa’s vigorously independent media have already led to South Africa being demoted from “free” to “partly free” in this year’s analysis of press freedom by Freedom House. In next year’s index, South Africa’s score is likely to slip further if proposed press-gagging measures make their way into law.
“Among them is the coyly named protection of information bill, under which journalists (and others) could face up to 25 years in jail for possessing or publishing classified state information. Any minister or official would be able to classify documents. Many fear this will be used to block the revelation of government scandals.”
The Economist offers authoritative insight and opinion on international news, politics, business, finance, science and technology.
Labels: PRESS FREEDOM, THE TIMES
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MMD cadres clobber scribes
By Times Reporter
MMD cadres yesterday beat up journalists from the Times of Zambia and The Post newspapers who had gone to cover the arrival of President Rupiah Banda from Uganda at the Lusaka International Airport.
And President Banda has condemned the acts of violence and called for an end to the vice. The Press Association of Zambia (Paza) and Zambia Union of Journalists (ZUJ) also condemned the acts of violence by the cadres towards journalists.
A group of cadres confronted the journalists from various organisations on the airport apron at the time they were waiting for the plane carrying President Banda to touch down around 11:30 hours.
The group leader of the cadres immediately approached Times of Zambia senior reporter, Anthony Mulowa and asked him to produce his Press pass but he refused to do so.
The cadre then punched Mr Mulowa in the lower abdomen and he was only freed after he produced his Press pass.
The party cadres then descended on photo journalist, Richard Mulonga whom they dragged around and threatened to break his camera until the police rescued him.
Mr Mulowa has since reported the matter to central police station in Lusaka and said he could identify his assailants.
Earlier, Post reporter, Chibaula Silwamba was slapped twice by the same group of cadres before they forced him together with photo journalist, Collins Phiri off the airport apron.
President Banda condemned the violence by the cadres saying it should not be tolerated.
He said journalists were employed to inform the people and should be allowed to operate freely.
He, however, urged journalists not to be used to fight personal battles but remain objective in the manner they conducted their duties.
Paza president, Andrew Sakala challenged the top leadership of the MMD and police to
ensure that the harassment of journalists was brought to an end.
He said in a democratic dispensation, people should be allowed to air divergent views.
ZUJ president, Morgan Chonya said as an immediate solution to the thuggery, the union reserved the right to instruct its members to stop covering the president.
Mr Chonya said this was not an attack on the president’s office but a measure to safeguard the lives of its members.
Labels: CADRES, MMD, THE POST, THE TIMES
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Times of Zambia staff stage sit-in
By Nomusa Michelo and Namakau Nalumango
Wednesday April 18, 2007 [04:00]
TIMES of Zambia unionized employees yesterday staged another sit-in demanding salary increments of K1 million across the board. Angry workers found outside the locked Times of Zambia building demanded that management give them a reasonable increment in salaries and not the K150,000 being offered.
Workers also displayed placards, which stated that management was greedy and demanded that Times of Zambia managing director Arnold Kapelembi resigns.
The workers also put a 'For sale' sign on Kapelembi's Toyota Hilux, with an asking price of K200 million, to be used for salary increments.
Zambia Union of Journalists (ZUJ) president Isabel Chimangeni said the workers would not go back to work until their demands were met. "Management has told us to go to hell if we don't take the offer of K150,000. Their explanation is that government has reduced taxes (Pay as You Earn) so we will automatically have an increment of K200,000, so that plus the K150,000 management is offering us, it will be K350,000. But we have refused, and the tax reduction should not even be referred to. Even government which has reduced taxes has given a reasonable increment to its workers."
Chimangeni tabulated some of the monthly allowances given to management as 350/litre of fuel (K2.3 million at K6,500/litre), K75,000 lunch allowance , K700,000 telephone and cell phone allowance, K300,000 for water and electricity, K800,000 commuted car allowance. Other allowances include K1,500,000 leave travel, K1,500,000 transport allowance, and K3,800,000 as salary.
And when contacted for a comment, Kapelembi said he was not aware that management had told workers to go to hell if they refused to accept the K150,000 salary increment. When asked what management's position was on the negotiations, Kapelembi said he would not issue any press statements and that nobody else from management would give a statement.
And addressing the workers at the Times of Zambia headquarters in Ndola, controller of operations Kapoka Viano said they could not go beyond what had been offered to the workers. "From September last year, we have been borrowing money to pay salaries, which is not normal. It can never be normal to borrow money for consumption," he said.
He observed that previously the paper used to sell more copies as compared to the current 9,000 copies per day. He also said the organisation owed Zambia Revenue Authority (ZRA) K16 million in default and appealed to the workers to understand the company's predicament.
"We would want you to be the happiest but our hands are tied. That is the truth obtaining on the ground," he said. ZUJ Ndola chapel president Anthony Mulowa said they would only resume serious work after official communication from their national executive committee (NEC). He said the situation could only be brought under control by the NEC.
Labels: THE TIMES
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