The Freedom of Expression Institute is concerned about and protests the ongoing attacks on the media and freedom of expression rights of the people of Zambia as well as the Zambian government’s scant regard for democratic governance.  These concerns have been echoed by our fraternal organisations in the region through the Media Institute of Southern Africa (MISA).

In the passed four months since the November 19 general election, six journalists have been suspended from the state owned-media in an arbitrary fashion, one journalist has been detained and charged during the course of his work, another journalist has been detained for three months as a result of a published editorial, while two journalists are facing charges as a result of articles they had written. At the same time, Zambian President Frederick Chiluba has undermined the independence of the  judiciary through the arbitrary suspension of a distinguished high court Judge, while his government is in the process of introducing legislation that will impede media freedom in the country.

On November 25, the Permanent Secretary in the Ministry of Information and Broadcasting, Laura Harrison, suspended six journalists working for the state-owned media over allegations of receiving bribes from the Zambia Independent Monitoring Team (ZIMT). Those dismissed were: Zambia Information Service (ZIS) deputy director Mundia Nalishebo, Zambia National Broadcasting Corporation (ZNBC) commercial manager Abias Moyo, ZNBC sub-editor Gershom Musonda, Radio 2 manager Charles Banda, Kitwe-based ZNBC news editor Dominic Chimanyika and ZNBC television producer Chibamba Kanyama. Two of the journalists, Dominic Chimanyika and Abias Moyo, have since been reinstated, while Chibamba Kanyama has been dismissed. Another journalist, Charles Banda, has been questioned by officers of the Zambian Anti-Corruption Commission over corruption allegations.

The FXI views the action against these journalists as an open attack on media freedom and an attempt to silence any sense of independent journalism at the state-owned media. ZIMT was one of a number of organisations that criticised the November elections and declared that it had neither been free nor fair. The action against the journalists was condemned by both the Zambia Independent Media Association (ZIMA) and the Press Association of Zambia (PAZA).

According to ZIMA, "The rules of natural justice have been violated by the government’s failure to lend the journalists initial opportunity to reply to the allegations made against them". PAZA viewed the action as having had an "element of injustice" since it came from the highest authority. "This denies the accused journalists an opportunity to appeal to the same ministry for arbitration," PAZA said. The FXI believes the action of the ministry smacks of a political move since there appeared to be no careful consideration and thorough investigation into the allegations against the journalists before the action was instituted. We call for the reinstatement of the four journalists and for the government to leave it up to the ZNBC and ZIS to conduct their own investigation into any allegations of impropriety on the part of their journalists.

On December 26, a journalists for the Chronicle newspaper, George Jambwa, was arrested and detained for four days on charges of "criminal trespass". He was arrested at the Arakan Army Barracks while on duty to verify reports that Zambian army commander Lieutenant General Nobby Simbeye was under house arrest. Jambwa is currently out on bail and his trial has been set for later this month. The FXI believes Jambwa’s arrest and trial is a serious infringement on his rights as a journalist to work freely and safely, and to receive and impart information. We believe his arrest and trial is a step towards curtailing the role of the Zambian media as a watchdog of government, and call for the dismissal of charges against him.

On February 11, the Special Projects Editor at The Post newspaper, Masautso Phiri, was jailed for three months for "contemp of court". This followed an article published in December alleging that the seven judges of the Supreme Court had been bribed to rule in favour of the state in a case where opposition parties challenged the candidacy of President Chiluba in the November elections. In the article Phiri stated clearly that this allegation was a "rumour" doing the rounds in Lusaka and which he himself didn’t believe. Phiri apologised to the court and admitted he had been wrong in his action. The FXI believes the sentence handed down to Phiri is unduly harsh, considering that Phiri apologised and was a first time offender. We find the judgement has the effect of instilling fear in the independent media in Zambia and call for the early release of Phiri.

On February 16,  the editor of the Chronicle newspaper, Lweendo Hamusankwa, was arrested and detained for two days in connection with two articles that appeared in the newspaper earlier in the month. In the one article it was alleged that arms and ammunition had been stolen from a military barracks in Lusaka, while the other article alleged that a presidential aide was using a stolen vehicle. On February 15, Chronicle reporter George Jambwa was detained for ten hours while police interrogated him about the source of information for the article about the presidential aide. He was later released without charge. On February 17, another Chronicle reporter, Boyed Phiri, was arrested and detained overnight. He was later charged jointly with Hamusankwa in connection with the article about the robbery at the military barracks. The two face charges of publishing "false news with intent to cause fear and alarm to the public" in terms of Section 67 of the Zambian Penal Code. Hamusankwa is facing an additional charge of "criminal libel" in terms of Section 69 of the Penal Code. Both Phiri and Hamusankwa are currently out on bail with their trial set to begin in late March. The FXI views the arrest and detention of these journalists as yet another attack on the freedom and independence of
 media in Zambia. The move is in line with similar actions by the Chiluba government over the past few years to curtail investigative journalists from doing their work and which appears to be part of a systematic harassment of journalists from the private media.
In January this year, President Chiluba suspended a distinguished high court Judge, Kabazo Chanda, without giving reasons for this action. Judge Chanda has a history of criticising the president and the country’s human rights record. His conduct as a judge will be probed by a three-person tribunal. The FXI believes the move against Judge Chanda is a political move that  seriously undermines the independence of the Zambian judiciary. We call on President Chiluba to fully explain his action against Judge Chanda and to commit his government to the independence of the judiciary. 

President Chiluba announced in January that his government intended to enact legislation for the formation of a Media Council in Zambia. The proposed move has been condemned by practitioners in Zambia’s private media, at whom the legislation appears to be targeted. The FXI similarly condemns this move as we feel legislation aimed at controlling the media will erode and not enhance freedom of the press. We urge, instead, the Zambian government to allow the media to formulate a self regulating mechanism outside the legal framework and for the government to recognise such a body.
 

The FXI condemns the Zambian government’s onslaught against media freedom and its persistent harassment of journalists. We find this to be in violation of various international charters it is signatory to and which guarantee the right to freedom of expression and the right to receive and impart information. These include the United Nations Universal Declaration of Human Rights, the African Charter on Human and People’s Rights and the 1991 Windhoek Declaration on Promoting an Independent and Pluralistic African Press. We call on the South African government, as Chair of the Southern African Development Community, to raise these concerns with the Zambian government and to remind it of its commitment to the international charters it is signatory to.
 

CC:
The Media Institute of Southern Africa (MISA)
The International Freedom of Expression Exchange (IFEX)