(MISA/IFEX) – Fred M’membe, editor-in-chief of the “The Post” newspaper, has been acquitted on charges of espionage by the Lusaka High Court. In acquitting the journalist on 21 December 2000, Judge Elizabeth Muyovwe said the state had failed to prove that the lead story published in the “Post” on 9 March 1999 was classified. Nor […]
(MISA/IFEX) – Fred M’membe, editor-in-chief of the “The Post” newspaper, has been acquitted on charges of espionage by the Lusaka High Court.
In acquitting the journalist on 21 December 2000, Judge Elizabeth Muyovwe said the state had failed to prove that the lead story published in the “Post” on 9 March 1999 was classified. Nor did it prove that by publishing the article, M’membe was spying for Angola. The controversial story, titled “Angola worries Zambia Army, ZAF”, alleged that Zambia’s military capability was inferior to Angola’s.
“I find no evidence to show that the accused was spying for Angola or any other foreign power or that indeed in publishing the article it was to benefit Angola. Mere publication of the story in question does not show that it was for purposes prejudicial to the Republic nor does it establish the offence of espionage,” Judge Muyovwe said.
Background Information
On 18 August, M’membe was called to defend himself for espionage, while ten of his co-accused were discharged. The case dates back to 10 March 1999, when police began a general swoop against reporters from the “Post” after it published the contentious story.
Six journalists, Brighton Phiri, Lubasi Katundu, Kelvin Shimo, Goodson Machona and Joe Kaunda were initially arrested and detained for two days on possible charges of espionage, but were released by the Lusaka High Court on 12 March when they successfully challenged their detention via a Habeas Corpus hearing. The state’s case collapsed because the arrests were improperly carried out.
However, the state began re-arresting the journalists and charging them with espionage starting on 20 March. The total number of arrested journalists reached thirteen by the time the case was transferred to the High Court from the Magistrate’s Court on 16 April. Two journalists, Amos Malupenga and Mukalya Nampito, were later released when the state decided to drop the charges against them, leaving only eleven accused.
