(MISA/IFEX) – On June 25 2002, the Lusaka-based “People” newspaper editor, Emmanuel Chilekwa, assistant editor Shadreck Banda, reporter Kings Lweendo and student journalist Jane Chirwa pleaded not guilty to a charge of defaming President Levy Mwanawasa. The case has been adjourned to 9 July for trial. The journalists, who appeared before Principal Resident Magistrate Frank […]
(MISA/IFEX) – On June 25 2002, the Lusaka-based “People” newspaper editor, Emmanuel Chilekwa, assistant editor Shadreck Banda, reporter Kings Lweendo and student journalist Jane Chirwa pleaded not guilty to a charge of defaming President Levy Mwanawasa. The case has been adjourned to 9 July for trial.
The journalists, who appeared before Principal Resident Magistrate Frank Tembo, were charged with “defamation of the president” for publishing a story headlined “Mwanawasa has brain disease?” in the 25 to 31 May edition of the “People” newspaper. The article alleged that President Mwanawasa was suffering from Parkinson’s disease, an incurable brain disorder.
Defamation of the president is prohibited under Section 69 of the Zambian Penal Code. If convicted, an accused person faces a jail term of three years without the option of a fine.
The journalists were arrested on 5 June and are still detained because their bail application was denied. Magistrate Tembo, in a 17 June ruling made in his chambers, said he was denying the journalists bail because defamation of the president cases were prevalent in Zambia. “Bail is granted at the discretion of the court and having taken several factors into consideration, including the prevalence of this offence, I will not grant the application for bail,” he said.
However, the decision was greeted with consternation by defence lawyer Nicholas Chanda, who accused the magistrate of abusing his discretion. He also wondered why the magistrate had not informed the defence team of the ruling until his clients appeared in court on 25 June. He said he would appeal the decision to the High Court.