**Updates IFEX CH alert dated 20 June 1995** Two senior journalists, detained on 19 June 1995 in connection with a story alleging that Zambian President Frederick Chiluba had a Zairean mistress, were released on police bail following a court appearance on 20 June. Fred M’membe, Managing Director of “The Post” newspaper, and the paper’s Editor-in-Chief, […]
**Updates IFEX CH alert dated 20 June 1995**
Two senior journalists, detained on 19 June 1995 in connection with
a story alleging that Zambian President Frederick Chiluba had a
Zairean mistress, were released on police bail following a court
appearance on 20 June. Fred M’membe, Managing Director of “The
Post” newspaper, and the paper’s Editor-in-Chief, Masautso Phiri,
have been charged with defaming the president, which is an offense
under section 69 of the Penal Code — legislation dating back to
the British colonial era.
According to “The Post”‘s lawyer, Sakwiba Sikota, the police
initially denied his clients bail, even though the offense they
were charged with was a bailable one. “It was quite clear that the
instructions not to give bond (bail) came from outside the police
command and from a very high source,” Sikota said, inferring that
the police were under orders from the office of the President. It
was only this morning (June 20), when M’membe and Phiri appeared
before a Lusaka magistrate, that the two were each granted bail of
K200,000 (U$460). Their case was then postponed until 5 July, when
a trial date is due to be set.
The court also upheld an appeal by Sikota that the two journalists’
home addresses should not be made public because of the “concerted
campaign to vilify and malign “The Post” and its staff”. On the
weekend, officials of the ruling Movement of Multi-Party Democracy
(MMD) urged supporters to burn copies of “The Post” and to
intimidate those selling the paper. The government-owned “Sunday
Times” reported MMD Chair of the Kitwe constituency, Dennis
Katilungu, as telling followers: “I don’t care if this will land us
in prison… but I urge all the youths to grab “The Post” where it
is being sold.” Sikota told MISA he had tried to lay a formal
complaint against Katilungu, but the police had been “extremely
reluctant to offer any help”.
Some politicians, members of the public, as well as journalists
believe “The Post” went too far with its recent stories about
Chiluba’s private life. However, Sikota does not agree. “If you
look at what has happened elsewhere — about (US President) Bill
Clinton regarding his infidelities, and (former French President)
Francois Mitterand and his illegitimate child — and you’ll see
that this is nothing!” said Sikota, adding that, in the case of
“The Post”, “it is the State which is going too far”.
According to Sikota, Deputy-Minister of Information and
Broadcasting, Eric Silwamba — a lawyer by profession — is
personally acting as state prosecutor in the case against M’membe
and Phiri. Meanwhile, “The Post” reports today that police are
looking for the Reverend Stewart Mwila and Elias Jack Kamanga,
respectively Managing Editor and Editor of the Zambian weekly
“Crime News”, in connection with stories their paper has published
about President Chiluba.
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