The trial of The Post editor Chansa Kabwela is not a comedy but a tragedy. A comedy is meant to cause laughter, but from whatever angle I look at this story, I cannot find anything funny in it but only dismay and anxiety on one hand and pity and anger on another.
I am first of all dismayed and anxious when I consider that the constitutional office of the DPP can be so degraded due to personal preservation. I say this because that is the only way I can explain why a learned lawyer can pursue a malicious prosecution of a citizen purely on the personal opinion of a head of state.
The President is a layman at law. He has at least four people, the Vice President, also Justice Minister and SC, the Attorney General, the DPP and the Solicitor General, who can advise him on any point of law. More than that, the Constitution of Zambia, directs that no one should influence the DPP as to whether or not to prosecute. If this prosecution went ahead to please the President, it has.
Well, much has already been said about the demerits of the case. I turn now to pity and anger. I pity the man and wife in this story. ‘How sweet to hold a new born baby, and feel the pride and joy he gives’ (Bill Gaither), but this couple were denied this experience amidst the selfishness of some and savagery of others. I understand that the baby died.
What has the State done to prevent this from happening again? There is a case for negligence. The state owed a duty of care to this couple and the state failed to provide that care and injury resulted. I am angry that not a single lawyer has come to this family’s aid to seek compensation from the state. Res ipsa loquitur.
Scores of Zambians perish in hospitals, on roads and other places because of the negligence of the state directly or indirectly through its agents. There are no hazard warnings on roads that look like a moon face. There are no diagnostic facilities in state hospitals where patients are treated by trial and error! There is no Health and Safety legislation to write home about. Six people have drowned recently in public swimming baths and no one is held to account![quote]
Meanwhile, Mr Mangani is more concerned about ‘laws against pornography!’ Why should government legislate personal morality? The government should be more concerned about protecting the lives and livelihoods of the citizens. Urgent labour legislation is required to outlaw unfair remuneration. It is time there was ‘equal pay for equal work!’ That baby must be remembered as the child who put an end to mediocrity in Zambia. We owe it to him/her. It is time to hold someone accountable.
LT Blogger
LT thats not Chansa in the picture please.
OK, nice picture – but let me read the story first before I get bashed by the critics…
The most tragic thing about the whole story is that while the state was busy prosecuting the editor over the publication of the photos, no one even cared about the newborn baby, which eventually died.
What is this article trying to say. Confusing. Sounds like another grumbling and complaining. Cheap stufff. Lets discuss solutions, please.
Chansa ,you are the lady of the moment and u deserve a prize…viva for bringing out issues affecting society!
While young boy Mawere was honoured for rescuing a baby who drowned at a UNZA borehole, this poor Journalist lady was being prosecuted for informing the authorities on the damage the strike action  has caused.It’s unfortunate the Child died.
#4 Well said my dear. That is all people know. Complaining complain complain complain.. and complaining again. if you want to sponsor legislation in parliament, you are free to do so. MMD does not own all parliamentary seats. Rather seat where ever you are complaining about anything under the Zambian sun, tell us what you have done to make our country a better place.
A tragedy indeed. Even mew whose job is just to count people; births, deaths and other demographic processes knew that there was no pornography  in the pic yet the people who understand law could not see it. TRAGEDY of THE BRAINS!Â
Never knew Chansa nimpolopolo. Bootlicker take off your rose tintend PK Chishala glasses (MHSRIP) and you will start seeing. You are too blind to see. But then again it`s amazing how blind Africans can be when they are being paid. May God bless you and make you realise there are people out there who go with out a meal.
‘How sweet to hold a new born baby, and feel the pride and joy he/she gives’ – This couple has suffered enough. Carrying someone for nine months and losing them due to negligence not of your own but of those that are suppose to protect and care for you. It hates it really hates. Instead of holding a press conf. to consore and provide lasting solutions in the Health sector the Old man Exclaims Pornography….How!!!!!!!!!!!!
#4 & #7 Please read the heading of the story – it says “Lessons from the tragedy” and that’s the purpose of the article. The writer is simply analysing what happened and giving us a chance to learn and earn so that we do not return to the errors of the past.
One lesson is clear: Fools always rush in where angels fear to tread…
#7 you must stop blogging becouse your thoughts cannot be liked by anyone including your child if any. Maybe am pushing your lack too far, an irresponsible man like you does not need to have a child for you can be a disgrace to an innocent person. Your views are too poor. better learn how to think before you blog
#11 Mr Chale, I have followed your comments almost on a daily basis here and I must say you are one of the few that post level headed comments on this blog site or whatever they call it. But my brother indirectly calling us fools is really out of line, particularly if it is coming from a level headed man like you. I rest my case.
Someone tell me how much the state spent on trying Chansa when we knew the case was not going to go any where! Yet the president said trying Chiluba was expensive for nothing.
Nine Chale Chansa na blonde?
The problem is that the government has made a choice long ago – that is to allow mining companies to take billions of dollars in profits out of the country – every year. Zambia’s healthcare system could easily be fixed if the government had not made the decision that it is safer or just more lucrative to themselves to allow foreign mining companies to hold on to all the profits, than it is to ensure that there is more than enough money to pay for healthcare. Remember that this tragedy occurred because nurses were on strike for better wages.
Until the government decides to tax the mines, they are essentially saying that the lives of their constituents, their people are less important than the profits made by foreign corporations.
That is the problem.
#13 Please dont misunderstand me, the strong term I used was NOT meant for any blogger here but applies to those that rushed to persecute the lady when she was only showing us reality.
Kabwela i love you! i hate that people cant leave you alone especially impulsive nyamasoya
#15 Magic…ati Chansa blonde shani? Yampita ko panono…anyway musuma umukashana teti nkane.
After witnessing the emptiness and presumptious leadership of the nyamasoyas of this world, we need to clear our minds and refresh our hotness against natural beautiful Zambian ladies such as this one.
#11 Nine Chale
You have got the point. In every tragic situation in the developed world, people put their minds together to find a lasting solution so that we do not repeat errors. Government must lead in this and that is why they are in power. MMD Chief Bootlicker has lost it completely. As his name so is he.
Nine Chale what I meant was the girl ni bullet. I have stopped worrying about politics in Zambia. The trouble is African presidents just have too much powers. Look at this: LPM comes up with TF, gets Chiluba in a corner where the man starts losing weight. RB says no it`s a waste of time and money, and, yes Chiluba suddenly is a free man. Who do you listen to? Got to do some work now. Speak to you later.
#17 Mr Chale, point taken. #20 I don’t know what you mean by I have lost it. Suggesting to the author to sponsor legislation in parliament to address some of the issues he has raised is losing it? What kind of thinking is that. Certainly any loss of life at UTH is regrettable and the MMD has started taking serious measures to improve UTH. I think what is appalling is using this case to drive the personal agenda again the Head of State. That is disgusting!! They are even daring us to appeal so that they can continue abusing the death of an innocent baby & woman. That is shameful and dispeakable and please don’t just join battles blindly. Let the family that lost their loved ones have their healing in peace than drag them through your media day in day out. We wont appeal & have moved on…
# 1 IT IS CHANSA. I WONDER WHY U THINK IT ISNT?
The strike by nurses will continue haunting people until somebody is held responsible and that somebody can only be in the name of a minister or the president himself
I fail to understand why some people think that if something is a “reality” then it has to be shown or written about.I wonder how many of these people with such minds would be happy to be shown the “reality” of how their parents actually manufactured them.
Ok author it may not be comedy. But it qualifies as a black comedy with actors making silly decisions, below a child’s intelligence. It is funny with a message to all concerned. As to the couple who lost their un born baby, I would say this can only be avoided if we are able to take GRZ to court. But according my layman’s understanding the right to QUALITY HEALTH CARE is not covered in the bill of rights(Article3) and therefore there is no legal basis which we can use to ensure that people dying of neglegence can be compensated. Unfortunately the NCC deligates don’t seem to be bothered about such things probably because they are super men/women who are immune to all short comings.
MMD bootlicker is just somethingelse! I expect a man of your age, assuming you what i think, to think using your brain not you seemingly big belly.
#22 MMD Chief Bootlicker
That is where you are wrong. There is paranoia by proxy in your posting. It is not right to think that every suggestion that people make is meant to 1to drive the personal agenda again the Head of State.’ The author has not blamed the President, in actual fact, he has exonerated him when he says, ‘The President is a layman at law’. The issues are that something MUST be done by law so that we do not lose lives needlessly. For example, in the UK it was shown that driving without seatbelts killed people, seatbelts are now a legal requirement. A baby died during strike action so what contingency plans are there to stop it from happening again? That is the point.
I believe everone on this blog is old enough to have their own opion. If yours differ with someone don’t call them names please! Let’s be mature bloggers. My own opinion is that complaining nevers solves any problem even in our personal lives. If all we do is complain and complain and complain then who is going to change our lives? It indeed regratable that a child was lost in the wake of nurses strike. But calling anybody names is not going to bring the child back rather people should bring up suggestion to avoid a similar incident taking place. I rest my case!!!
u have traditional women in CHIPATA dancing naked with there saggy tities out 4 you! n u kool with tht?. RB ulichipuba! aint nuthing wrrong with seeing a woman give birth  4 crying out loud u were once an american ambassador! did u learn anything in tht big  watermelon head!
#26 De Javu
You can sue the state for this. The state is the provider of health care. By Tort law, this woman entered into contract with the state when she reported to a government designated health care centre for care. There was no disclaimer that she did so at her own risk. The nurses or doctors who were government agents turned her away. That I believe is what the author refers to as res ipsa loquitur, which is latin for ‘the thing speaks for iteself.’ You can also sue the state if the speed limit on a road is prescribed as 100 km/hr and you overturn because you hit a pothole at 80 km/hr, but there was no warning of such a hazard.
This is not Chansa. this is her sister imwe bantu
# 28, Ok I get what you are saying. Thanks for putting things in perspective. Good day and enjoy yourself. I have to get back to work. My blogging time is up for today
MMD Chief Bootlicker
Good day. A gentleman indeed.
#31 The Saint, Thank you, but the legality could have been more binding.
A sweet girl she is, I watched the entire interview at MUVI TV just after the case was thrown out. Who amongst you bloggers can stand and say The Post is trash?
Viva Post , you have shown resilience in face of an urgly and politically ill Zambia. You are the news originators. If I were trained as a journalist, I would fight hard to have my way at the Post. The current blog is as result of you. How I wish we had 5 credible media houses like you. Please fight hard to acquire a TV licence so we can be enlightened about the happenings in this unfortunate country. Come rain, come sunshine a prophesy a TV licence granted to you even as you expose these wolves.
Fellow blogger your story just concludes and confirms that kabwela is a hero. Owe to these wolves.
A sweet girl she is, I watched the entire interview at MUVI TV just after the case was thrown out. Who amongst you bloggers can stand and say The Post is trash?
Viva Post , you have shown resilience in face of an urgly and politically ill Zambia. You are the news originators. If I were trained as a journalist, I would fight hard to have my way at the Post. The current blog is as result of you. How I wish we had 5 credible media houses like you. Please fight hard to acquire a TV licence so we can be enlightened about the happenings in this unfortunate country. Come rain, come sunshine I prophesy a TV licence granted to you even as you expose these wolves.
Fellow blogger your story just concludes and confirms that kabwela is a hero. Owe to these wolves.
Its indeed saddening and disheartening seeing the eroded molarity of the people ruling us. I PRAY THAT 2011 COMES SOON BEFORE THE COUNTRY IS COMPLETELY RUINED.
RB Must fire Prof. Lungwangwa for blogging during working hours. That is misuse of taxes payers money. He blogged at 7, 13 , 22 and 33 as MMD Bottlelicker and I calculated the time he spent blogging. From 12: 49 hrs to 15:21 PM. He said that his time is over for blogging when he left.
#4. Muli mu UK neci Sungu tamumfwa? I think the guy discussed the problems and concluded with solutions. I fail to understand. If even Zambians living in the UK can not understand accountability and health and safety issues who’s gonna understand them? So, to you #4, the baby who died and the parents who are still undergoing trauma must just be ignored-without any form of redress and compensation? And to you, you don’t see that those legal chaps were just instructed by RB to go ahead with prosecution without using their legal brains? I am not in the legal fimofimo, but those men are useless to say the least.
It was an absolute disgrace that this was regarded as pornography in the first place.
Pornography is; sexually explicit material intended to cause sexual arousal.
Are we in the dark ages or just so perverted to think that a picture of a woman in complete agony during complicated child birth can be classed a pornography are we so completely deranged and deluded and lacking of a any human sympathy and compassion to label this a pornography?
In this whole fiasco we still miss the meaning. The strike at the hospitals caused untold misery and suffering to the people of Zambia and all that the politicians could see was a warped reason to take someone to task for pointing this very fact to them.
true Zambian governments do get away with a lot if not everything
Tata lesa this chick is nice. Am sure ba RB is after something…..
Kalemoneka kwati kasunda umukaka nokunya ama sausages zoona. These are ladies to be in state house not abatumukule from soweto maketi…………
Bravo, bravo bravo…I wish the author of this article had indicated who he/she is. This is a well researched presentation and written with highhanded constructive reasoning. Our current govt is a shame and requires immediate replacement; come 2011. Zambians make no mistake, or give away even the little that is left to the thugs.
ichi chi neighbor chi kabwela….chi oneka monga
I salute you Bro/ Sister Well said, this is a mind of a well informed citizen,I wish many of us would analyze issues like this….How can i keep in touch with you….Is it possible up link up through LT, I think i can learn something from you….
I for one say the post, times, LT and anyother media outlet should be watched with eagle eyes such as the bird of prey on ourflag. Mmembes and chitos are a big part of the downfall of Zambia only true flagship Mas ( Zambian airway) so was mmd and Banda. The post has some shady even h.o.m.o backers with foolish liberal tendancies that some Europeans might one to sneek into zed like it was normal. Goverment media is propaganda driven, what I am saying is that we need to use God’s given wisdom, discern, get educated in wisdom, learned in school; get employed or become private investors, marry beautiful women and pave into existence a great Zambia. Someone join my cause of less speech and more work, too many alcoholics and lazy zambians thus our current situations
#22 Bootlicker. I do not like bashing people with the way they write. But you obviously meant despicable and not dispeakable in your statement. For a man who claims to work at the Embassy this is despicable! You were obviously thinking in ichaku Chipata. Truely confirms why you didn`t know there was internet banking in Zambia until you started using a laptop/PC after being taken from the village in Chipata.
This a very good article. Its such a pity that even when you dial 999 in Zambia you can’t get any kind of assitance. When you dial 999 its either they don’t have gas for the police car, or the fire engine has no water or the Zmabulance can’t get to the patient any faster. Awe mwe.
all the pipo that are saying the article is confussing or sounds like gabbage its all because you don’t understand english beta go bak to school; you are the same piop who passed with recages. now we have known who you are idoits.
Pls pipo 999 in Zambia isn’t # for Ambulance but a number to Cemetery Attendant!
We are a typical African country!nothing works but the toilet in State house,go figure that !why should they want to prosecute a journalist whose job was to present the daily hardships of ordinary Zambians when the mighty fly around,they have forgotten who put them in that office!!THE EMPEROR HAS NO CLOTHES….
She’s hot. Is that why they wanted to send her to jail?
Pornography (as it is in the eyes of RB), case aside. This lady Chanda Kabwela is whole class. One of her personal qualities about her is that she is very natural in physical appearance. She doesn’t clutter herself with all these artificial stuff such as dead peoples’ hair (wigs), paints, powders,etc. But shes one of the most attractive and beautiful women in the world. Nowadays, if one is priviledged, the only time a man would be able to know real woman in his woman is between bath and sleep time when the wig is removed, and the cocktail of chemicals have been washed off into the bath tab. In fact even after a bath (which leaves the water highly toxic) you may not see your real woman if she desparately bleached herself in order to become a white woman.
…Don’t get me wrong. Nshilemukumbwa iyo. I am just complementing her-she is a married woman who deserves to be respected together with her spouse. She a raw model. I wish Zambian women could take aleaf from her. Keep it up our sister.
#41 Mutale. Thats how rupia banda sees women in labour. Ndemona brain yakwe yaba muma talley.
#25 – You are so funny. I am also surprised that nobody has stated the fact that “…..not withstanding the fact that the pictures were degrading…..”. Instead I see comments about the looks of the writer. Even in the freest press here for example, the woman’s privacy was going to be protected by blacking out some regions of the pictures. As presented, those pictures were in bad test. To say that because the pictures were submitted by the husband (who was mourning and angry) is just shallow. I strongly believe the man is now regretting exposing his wife’s privacy to the rest of the world. Pornography was not the case but I would have still preferred some charges and a punishment of some sort. Let’s not exalt lack of ethics.
Batata ba Adviser mulichipuba. I bet you never witnessed the births of your children mwecipuba mwe.
Batata ba Adviser mulichi pool ba. I bet you never witnessed the births of your children mwecipuba mwe.
In view of the fact that God limited the intelligence of every man, Rupiah Banda can be excused for most of his intellectual frailties. However, it seems most unfair that he did not also limit Kanitundila’s endowment of stupidity because inviting Namakando to State House for a reconciliation indaba only to poison him is a fit that defies any degree of stupidity. Take for example the subject comedy of eras, even our distant tailed primate cousins passed their verdict on this man by desecrating him with urine. And yet this is the tragedy the likes of Mlongoti, Mabenga and Shikapwasha want to continue heading this country. Something is clearly amiss here.
In view of the fact that God limited the intelligence of every man, Rupiah Banda can be excused for most of his intellectual frailties. However, it seems most unfair that he did not also limit Kanitundila’s endowment of s.t.u.p.i.d.i.t.y because inviting Namakando to State House for a reconciliation indaba only to poison him is a fit that defies any degree of s.t.u.p.i.d.i.t.y. Take for example the subject comedy of eras, even our distant tailed primate cousins passed their verdict on this man by desecrating him with urine. And yet this is the tragedy the likes of Mlongoti, Mabenga and Shikapwasha want to continue heading this country. Something is clearly amiss here.
#16 Mark, I totally agree with you on taxing the mining companies. Yesterday I was reading the UK Daily Express on City and Business Brief, First Quantum Minerals has bought rival Kiwara which is licensed to explore for Copper in Zambia. The cash and shares deal worth $260Million (£156Million).This is a sign that copper is doing well and investing in exploration will make Quantum more millions but Zambia will continue to loose on high copper prices. If these foreign companies are just getting profits from copper high prices and not investing back why the govt has failed to continue with Mwanawasa tax regime?No wonder people have lost interest in the govt.
I remember a case of a student who failed his exam because he answered the wrong question. The marker’s comment was: “Very well written, but that was not the question.” Some bloggers here fit that student.
I beg to have a different view point. Yes the case was a tragedy but my view is that the tragedy was the political intention behind the matter. No, you got it wrong, I do not mean politicising by Banda and his government. What I do mean is that the whole thing was started by mmembe who used the poor lady to satisfy his well known political agenda. The govt won this case in that Kabwela knows that she escaped jail by a whisker, mark my word she will never do anything stupid for mmembe again. If you ask Kabwela what she dreads most today, she will tell you that it is the prospect of DPP appealing the ruling. That was pornography, by our cultural standards no less, not by some immoral American cultural standards.
#63 the simple answer is that no investor is obliged to come to Zambia. Bwana, if no investor comes that copper will remain buried as stone. Mind you these are long term and risky investments whose profits are not judged by what the price of copper is today. I think that the current variable tax regime has been ably explained except that some people have closed minds that are not receptive to other ways of thinking.
Mpande Ubukali #59/60 Unlike you I always try to exercise civility in my postings. It is one thing to open one’s mouth and reveal to the rest of the world what one is and it is another to debate intelligently – you know better where you belong (hopefully). I still maintain that your reporter’s lack of civility is demeaning to all women. This has nothing to do with whether I watched the birth of my kids – sorry.
Its is really sad to note that out Government like all that have gone by maybe ba Kaunda not that much but abashala have used most of our taxes for medical expenses in SA no kwa shala. Bushe, why cant they use that money to upgrade UTH, Ndola CH, ADHospital and all those so as to provide adequate medical facilitation and services.
It puts a tear to my heart seeing such things happening and no one to turn to, but God will make his glory known morethan ever before one day and all these domino’s will fall.
God bless Zambia…..