Zambia: Chiluba's defamation case

JOHANNESBURG, 13 September (IRIN) - Seven opposition party leaders in court for allegedly defaming President Frederick Chiluba by calling him a thief argued in the Lusaka High Court on Tuesday that their arrests were “selective” and therefore unfair.

The leaders were arrested in connection with a series of news stories, editorial comments and a citizens’ petition in which Chiluba was called a thief. According to a ‘Post’ newspaper report on Wednesday, the group contended that they should be freed unless all 2,000 people who signed the petition were arrested. The leaders, through their lawyers, argued that their being singled out for arrest was discriminatory and breached the state’s obligation to enforce the law equally and fairly.

Assistant police commissioner in charge of criminal investigations, Robert Nyumbu, said in an affidavit that while some arrests had been effected, in relation to the news stories, the arrests had not been selective. “Only when investigations are complete will I make up my mind to arrest, depending on the strength of the evidence gathered,” he was quoted as saying in his affidavit.

According to the report, Nyumbu said investigations were ongoing, as was a search for those who signed the petition. He also pointed out, according to the report, that arrests without probable cause could lead to civil claims against the state. The matter was adjourned to September 21 for a ruling.

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