(MISA/IFEX) – On 27 May 1998, a Chinese national, Xiang Rong, who pleaded guilty to possession of pornographic materials, was fined K1.6 million (US$840) by a Lusaka Magistrate. Her lawyer, Michael Musonda, told the Zambia Independent Media Association (ZIMA) that the material found in her possession consisted of “soft pornographic” magazines and a video. “This […]
(MISA/IFEX) – On 27 May 1998, a Chinese national, Xiang Rong, who pleaded
guilty to possession of pornographic materials, was fined K1.6 million
(US$840) by a Lusaka
Magistrate. Her lawyer, Michael Musonda, told the Zambia Independent Media
Association (ZIMA) that the material found in her possession consisted of
“soft pornographic” magazines and a video.
“This is the kind of stuff that one can buy in a shop in many countries
outside Zambia. In fact, the video contained material rated 18. This is the
type of materials you can watch on pay television or in the theatres,” he
said.
According to Musonda, Rong was reported to the police by a former employee
in an apparent act of revenge after being dismissed from work. “She was
reported to the police by someone who had invaded her privacy in a crude
manner,” Musonda told ZIMA.
Under the Section 177 of the Zambian penal code, it is an offence to be
found in possession of “obscene writings, drawings, prints, paintings,
printed matter, pictures, posters, emblems, photographs, cinematography film
or any other object tending to corrupt morals”. Musonda criticised this law
as being overboard because it did not define whose morals it sought to
protect, whether it was public or private morals. He said in other
countries, the law was clear that it was concerned with protecting “public
morals”. In mitigation in court on 27 May, Musonda criticised the law as
being “meaningless and archaic”.
“The accused confirmed here in court that she did not know that it was an
offence in this country to possess the pornographic materials….She bought
some of the magazines at the airport in South Africa where they are openly
sold….The continued retention of this offence in our penal code serves to
confirm our double standards as a country. People are used to watching much
worse porno materials on M-Net and the Internet”.
In passing sentence, magistrate Chababa said when each law was passed it was
for the benefit of individuals and the public “so that the possession of
these materials should not corrupt morals of the public”. Police prosecutor
Patrick Limbwangu, presenting the facts of the case, said the police, on 23
April, received information that Rong had in her possession pornographic
materials. Police proceeded to search her house in Roma where they found and
confiscated the magazines and video.
For further information, contact Bright Mwape at MISA, Street Address; 21
Johann Albrecht Street, Mailing Address; Private Bag 13386 Windhoek,
Namibia, tel: +264 61 232975, fax: +264 61 248016, e-mail:
bright@ingrid.misa.org.na, research@ingrid.misa.org.na, Internet:
http://www.misanet.org/.
