Journalist Chinyeke Tembo, of the Malawian daily newspaper “The Nation”, faces possible imprisonment for refusing to testify in the upcoming trial of two leaders of the Malawi Democratic Party (MDP). Tembo has written to Chief State Advocate Enoch Chibwana to say he would not appear as a state witness at the trial of the two […]
Journalist Chinyeke Tembo, of the Malawian daily newspaper “The
Nation”, faces possible imprisonment for refusing to testify in
the upcoming trial of two leaders of the Malawi Democratic Party
(MDP). Tembo has written to Chief State Advocate Enoch Chibwana
to say he would not appear as a state witness at the trial of the
two politicians scheduled for 21 August 1995.
The journalist was subpoenaed to testify in a case in which MDP
president Kamlepo Kaula and vice-president Unanei Banda face
charges of intimidation as a result of statements made at a press
conference on 24 July. Tembo attended the press conference and
wrote an article published in “The Nation” the following day
reporting the statements of the two politicians.
Tembo says that, on the same day the article appeared, he was
questioned by police, who also seized his notebook and a tape
recording he made of the press conference, but was given no
indication that he might have to be a state witness. Two other
journalists, Upile Mangochi of the Malawi News Agency and
Georgina Mhone of “The Monitor”, have also been subpoenaed to
appear as State witnesses at the trial, Tembo says.
In the weeks preceding the press conference, the MDP claimed to
have collected 2.5 million signatures for a petition expressing
no confidence in the United Democratic Front (UDF) government of
President Bakili Muluzi. At the time, the MDP also called on
Muluzi to step down from power within 14 days. The day before
this ultimatum was due to expire, Tembo says, the two MDP leaders
held a press conference, at which they said they would present
President Muluzi with the petition the next day and demand that
he step down immediately. If Muluzi did not step down, the MDP
leaders said they would use `”other means”‘ to have him removed,
Tembo recalls.
Tembo, who is “The Nation”‘s chief reporter, attended court on 15
August, when the case against the MDP politicians was postponed
to 21 August. Tembo was not required to give evidence at this
first hearing, and he is now adamant that he will not testify on
behalf of the state. The press conference was a public event,
says Tembo, “and if the police wanted information they could
have sent their own people to the press conference.
Recommended Action
Send appeals to authorities:
his notebook and cassette
to appear as state witnesses, in accordance with journalism
ethics which require journalists to protect their sources of
information, and on the grounds that the police were at liberty
to attend the MDP politicians’ press conference
Appeals To
President Bakili Muluzi
Sanjika Palace
Blantyre, Malawi
Fax +265 623485
Chief State Advocate Enoch Chibwana
C/O Ministry of Justice
Private Bag 333
Capital City
Lilongwe 3, Malawi
Fax +265 782176
Please copy appeals to the originator if possible.
