(MISA/IFEX) – The state owned Zambia Telecommunications Company (ZAMTEL) and the Zambian Attorney General have been included as respondents, along with the Zambian inspector general of police, in a civil suit initiated by the editor-in-chief of the privately-owned newspaper “The Post”, Fred M’membe. The civil action stems from the alleged illegal tapping of the newspaper’s […]
(MISA/IFEX) – The state owned Zambia Telecommunications Company (ZAMTEL) and
the Zambian Attorney General have been included as respondents, along with
the Zambian
inspector general of police, in a civil suit initiated by the
editor-in-chief of the privately-owned newspaper “The Post”, Fred M’membe.
The civil action stems from the alleged illegal tapping of the newspaper’s
telephones in 1996.
In his petition to the High Court filed on 9 June, M’membe, in his own
capacity and on behalf of “The Post”, says ZAMTEL allowed a Chief Inspector
Mubeshi of the Zambia Police to tap the phones used by ‘The Post” between 15
and 24 May 1996, without their permission and in contravention of the Zambia
Telecommunications Act. This happened at the height of a bombing campaign by
a shadowy group called the “Black Mamba”. He says further that police
inspector general Francis Ndhlovu, during the treason trial of the suspected
“Black Mamba” masterminds, admitted in court that he had ordered the tapping
of the phones used by “The Post”. But the Zambia Telecommunications Act does
not give the inspector general of police authority to order the tapping of
anyone’s phones.
M’membe contends that the action by ZAMTEL to allow the phone tapping was an
infringement of his fundamental rights and freedoms of privacy and freedom
of expression as guaranteed in the Zambian Constitution and, as a result,
there had been a marked decline in the number of people giving “The Post”
“scoops”.
M’membe has asked the court to declare the actions by ZAMTEL
unconstitutional, that ZAMTEL be prosecuted, an injunction be issued
restraining ZAMTEL from further phone tapping, that exemplary and ordinary
damages be awarded to him and “The Post” for the infringement, and that
ZAMTEL be ordered to pay the costs of the lawsuit.
The attorney general has been included in his capacity as the government’s
chief legal representative.
