Zambia: Editor and reporter risk contempt of court charges
"Today" newspaper editor Masautso Phiri and reporter Wilfred Zulu may face contempt of court charges following a 3 July 2003 application to the Lusaka High Court by lawyers representing Vice President Nevers Mumba. The charge is connected to an article published by the weekly in its 11 to 17 June edition entitled, "Is Chief Justice Sakala compromised on Nevers Mumba?" The article commented on a High Court case in which an opposition member of parliament, Edith Nawakwi, is challenging the legality of Mumba's 28 May appointment as vice president.
IFEX - News from the international freedom of expression community
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ALERT - ZAMBIA
10 July 2003
Editor and reporter risk contempt of court charges
SOURCE: Media Institute of Southern Africa (MISA), Windhoek
**For further information on the legal harassment of Phiri, see IFEX alerts of 4
July and 25 June 2003**
(MISA/IFEX) - "Today" newspaper editor Masautso Phiri and reporter Wilfred Zulu
may face contempt of court charges following a 3 July 2003 application to the
Lusaka High Court by lawyers representing Vice President Nevers Mumba.
The charge is connected to an article published by the weekly in its 11 to 17
June edition entitled, "Is Chief Justice Sakala compromised on Nevers Mumba?"
The article commented on a High Court case in which an opposition member of
parliament, Edith Nawakwi, is challenging the legality of Mumba's 28 May
appointment as vice president. Nawakwi's lawyers argue that Mumba's appointment
is unconstitutional because he was defeated as a presidential candidate in the
2001 elections and, therefore, cannot be appointed vice president.
In the article, the newspaper alleged that President Mwanawasa "talked to Chief
Justice Ernest Sakala before appointing Nevers Mumba as vice president." Mumba's
lawyers claim in their application that the article was prejudicial to the
current case.
However, Phiri's lawyer, Sakwiba Sikota, asked the court to dismiss the
application because Mumba's lawyers had not followed the correct procedure
before instituting the proceedings.
"We have asked the court to dismiss the motion because it was done irregularly.
They have not followed the correct procedure, which requires that such an
application should be supported by an affidavit and the court should grant leave
for such an application. Besides, they did not state which part of the article
was contemptuous of the proceedings," Sikota said in a 4 July interview. If the
court decides in favour of Mumba's lawyers, Phiri may face a fine or up to three
months in prison.
The court will rule on the case on 1 August.
For further information, contact Zoe Titus or Kaitira Kandjii, Regional
Information Coordinator, MISA, Street Address: 21 Johann Albrecht Street,
Mailing Address; Private Bag 13386 Windhoek, Namibia, tel: +264 61 232975, fax:
+264 61 248016, e-mail: [email protected] or [email protected], Internet:
http://www.misa.org/
The information contained in this alert is the sole responsibility of MISA. In
citing this material for broadcast or publication, please credit MISA.
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