(MISA/IFEX) – The case in which the state has appealed against the release of “The Post” newspaper’s editor-in-chief Fred M’membe and former managing editor Bright Mwape from indefinite imprisonment imposed by parliament, has been adjourned to 27 August 1998. The case is being heard in the Supreme Court in Lusaka. M’membe and Mwape were released […]
(MISA/IFEX) – The case in which the state has appealed against the release
of “The Post” newspaper’s editor-in-chief Fred M’membe and former managing
editor Bright Mwape from indefinite imprisonment imposed by parliament, has
been adjourned to 27 August 1998. The case is being heard in the Supreme
Court in Lusaka. M’membe and Mwape were released two years ago.
**Updates IFEX alerts of 17 and 15 July 1997; for background see IFEX alerts
of 23 and 2 May, 12 April, 27, 20 and 2 March, and 23 February 1996**
When applying for the adjournment on 26 May, state advocate Bernard Mwamba
said that attorney general Bonaventure Mutale would like to personally
handle the case because of its constitutional significance.
Deputy Chief Justice Bonaventure Bweupe ruled on 7 May that a “full” bench
of five judges, as opposed to the three who sat to hear the case, was needed
to hear the case, which he described as being of “great constitutional
significance.”
Background Information
On 27 February 1996, the Speaker of the Zambian parliament, Robinson
Nabulyato, sentenced M’membe and Mwape to an indefinite jail term for
writing offending articles on the legislature.
The articles – two opinion columns written by the journalists – questioned
the lack of respect for the separation of powers. The journalists condemned
the blatant attacks on the judiciary by senior government officials, whom
they accused of using parliament to discredit judges and reintroduce
unconstitutional laws the courts had struck down. At the time, the Zambian
government wanted to reintroduce a law to regulate and license public
assembly and speech. A similar law had been struck down one week earlier by
the Supreme Court as being unconstitutional and in violation of fundamental
human rights to assembly. Government officials argued that the judges were
opponents of the government and wanted to weaken the authority of the state
by encouraging uncontrolled political gatherings. They drafted a new law
which reintroduced the same regulatory powers and which was passed by ruling
party-dominated Zambian parliament.
Speaker Nabulyato pronounced the indefinite jail term on M’membe and Mwape
without trying them, saying they were in contempt of parliament. They were
incarcerated on 4 March 1996, but the Zambian High Court ordered their
release on 27 March 1996. The presiding judge, Kabaso Chanda, argued that
parliament was not a court and could not imprison a citizen who was not a
member of that house, especially if the alleged contempt was committed
outside the house. He further ruled that there was no statute in Zambia
which provided for an indefinite incarceration of another human being. He
also pointed out that imprisonments without trial went counter to the
democratic principles and legal rights of citizens to a fair trial.
The Zambian government is now appealing against this ruling, arguing that
parliament can imprison non-members of the house, and that its action
against the journalists was legal and should be upheld. Judge Chanda has
since been suspended from the bench by President Chiluba on unspecified
charges.
