GOVERNMENT says it is disappointed with United Party for National Development leader Hakainde Hichilema and his Patriotic Front counterpart Michael Sata for allegedly politicising the conviction of The Post editor-in-chief Fred M’membe by a Lusaka Magistrate Court.
Chief Government spokesperson Ronnie Shikapwasha said opposition leaders should learn to respect the decisions of the Judiciary.
He said in Lusaka yesterday that he is disappointed that Mr Hichilema and Mr Sata are ignorantly accusing Government of having influenced the conviction of M’membe on contempt charges.
[pullquote]Gen. Shikapwasha said the same courts that acquitted The Post news editor Chansa Kabwela convicted M’membe and wondered why Mr Hichilema and Mr Sata did not accuse Government of influencing the case.[/pullquote]
Lieutenant-General Shikapwasha said the Judiciary is independent and Government has nothing to do with the conviction and sentencing of M’membe to four months imprisonment with hard labour.Monday, June 7, 2010
“I am really disappointed with the ignorance of Mr Hakainde Hichilema, Mr Sata and other opposition leaders because they should know that the work of the Judiciary is independent from Government,” he said.
Gen. Shikapwasha, who is also Minister of Information and Broadcasting Services, said the process and outcome of the contempt of court offence that was committed by M’membe was done according to the law.
“So, Government has got nothing to do with him (M’membe) committing an offence. We should allow for the process of the law to take its course,” he said.
Gen. Shikapwasha said the same courts that acquitted The Post news editor Chansa Kabwela convicted M’membe and wondered why Mr Hichilema and Mr Sata did not accuse Government of influencing the case.
The minister said the judiciary is independent and made the decision to acquit Ms Kabwela just like it did with the conviction and subsequent sentencing of M’membe.
[pullquote]
Gen. Shikapwasha also said the international media cannot order the courts of law on how they should make decisions especially that they do not belong to Zambia.[/pullquote]
“So, let us leave the Judiciary to do its own work. People should not politicise operations of the Judiciary,” he said.
Gen. Shikapwasha also said the international media cannot order the courts of law on how they should make decisions especially that they do not belong to Zambia.
The minister said the international media should respect the laws of Zambia because they do not segregate and that any citizen who commits a crime is liable to face the law and M’membe is no exception.
He said those exhibiting ignorance about the conviction of M’membe should take time to study the judgement for them to understand and stop commenting on the matter ignorantly.
[Zambia Daily mail]
Iwe chi Reverend Lieutenant General Chief Gov’t Spokesman etc…. just shut up! :-$
My Red Nose/Huge Mouth is again performing some public ejaculation shamelessly
Haha, Shikapwasha thinks that if he says the Judiciary is independent 3 or more times then magically it will happen. Truth is actions speak much louder than words. It is trully a disappointment that he gets renumerated mountains more than the teachers that taught me, the nurses that nursed me, the miners that feed the nation and even the doctors that studied years to be able to heal me. The system must be reversed.
Gen Shika when you said the judiciary is independent but do you think some of us why we say you influenced the out outcome. Because you have not answered some questions. why you block reapeal of Chiluba case? Why did you sack Nkole?
man without brains. Now I believe this is possible.
PROFESSOR Muna Ndulo has said the conviction of Post editor Fred M’membe on a charge of contempt by magistrate David Simusamba is wrong in law.
Commenting on M’membe’s four months imprisonment with hard labour arising from an article published in The Post of August 27, 2009 titled ‘The Chansa Kabwela Case: A Comedy of Errors’, which he authored, US-based Zambian Professor of law Ndulo said the conviction was not supported by judicial precedent from other common law jurisdictions.
“Even assuming that the Comedy of Errors article was an attempt to influence the court, there are several Commonwealth decisions that say that you cannot have contempt on those kinds of facts in a situation where the trial is by a professional judge alone and there is…
alone and there is no jury system,†Prof Ndulo said.
He said the professional judge or magistrate could not be influenced by anybody because he or she knows the law.
“If he or she can be influenced by comments from the public he or she does not deserve the honour of being a judge,†he said.
Prof Ndulo said in the Nigerian case of Akinrisola v. Attorney General Anambra State (1980 2 NCR 17) whose facts were similar to the M’membe case, a newspaper article commented directly on the law while the court was hearing the election petition.
“The Nigerian Supreme Court ruled that it was not contempt on the grounds that the trial court was presided over by a professional judge and as a professional was not capable of being influenced,†Prof Ndulo…
Prof Ndulo said it is recognised worldwide that governments with autocratic tendencies use the criminal justice system to intimidate and harass journalists and media houses.
“The governments often consider it politically wise to get a court to share the responsibility of harassing and arresting people who those in power believe are embarrassing the government. This is done through threats of prosecution on the pain of imprisonment or threat of financial ruin through legal fees that those targeted are forced to incur defending themselves in courts of law,†he said. “Of course the most effective way of doing this is the criminalisation of criticism of the judicial system through the use of contempt proceedings. Reporters and others that criticise courts or comment on…
judicial proceedings are either charged with scandalising the courts or interfering with the work of the courts.â€
Prof Ndulo said the courts in dealing with such matters must always remember the broader values that deserve protection.
“With respect to sentencing Magistrate Simusamba introduced new jurisprudence in the common law as we know it which would make the Judge in the English case Solmon v. Solmon that established the concept of limited liability turn in his grave. How on earth do you sentence an individual for the alleged sins of a corporation? It is trite law that a corporation is a separate entity from the individuals that work for it and indeed from the shareholders that own it. M’membe is not the Post,†said Prof Ndulo. “In law the two are…
HHmmmmmm, akulu mphuno!!!!!!!!
proffesor ndulo can go jump while he protects his homosexual friend m’membe
Where does this chap Shikapwasha, comes from?? He is very DULL. There is no problem convicting Fred M’membe, but what the two leaders are against is how such issues are handled? Fred was convicted on wednsday but sentenced on friday and denied a bail WHY? Solomon Musonda shot and wounded a citizenary and he is free enjoying peace at home WHY? These are the issues that these two political leaders are trying to bring to ur attention. I therefore wish to conclude that it is you Shikapwasha, who is ingnorant, dull, confussed and opportunist. You jst talk without thinking……..
……ATASE CHI REV !
When people challenge the GRZ on numerous badly handled issues their reaction is always ‘Don’t politicise’, which now sounds like a slogan.
Why was he arrested?Am not sure why Govt must be alloweds to do such things in this this day aand age.
Scared little men with BIG NOSES
Bashikapwasha always disappoints me, what kind of Reverand is he who lies everytime he opens his mouth? God helps and save us from these power hungry men of god with no shame.
Very soon this man will be asking people not to politicise the AIR WE BREATH!!
What makes him think this whole case is not about politics when it all stems from a politician’s (The President) orders to arrest and prosecute an innocent citizen, one Kabwela, for exposing their governing inadequacies. Isn’t that what led to prof. Ndulo’s article and eventually to Mmembe’s tramped up charges? So what is not political about that?!!!!
To the GOOD REVERAND, it is only political when citizens complain about govt’s double standards in prosecutions, arrests, or lack there of when it involves MMD ‘characters’. Please, people aren’t s.t.u.p.i.d, they can see and discern for themselves what is wrong with the current state of affairs in the Nation. STOP PATRONIZING GROWN UPS Mr. REV!!
#11 Zed Man
This issue is about the misinterpretation and misapplication of law it is not about anyone’s sexual orientation or who goes to bed with whom. Why dont you stop this nonsense? Is your inability to think rationally somehow congenital? Is it ingrained in your DNA? Ndulo is arguing on the basis of law. What exactly are your incoherent rantings grounded in? Muno ba kwateng ni maswabi ( Mule kwatako insoni!)
Ba Shikapwapwa we are tired of your vocubulary! On any issue ati don’t Politicize pono pono. Ma Rubbish bati!!!
It is a shmae to see this man and his govt behave like this.
(1)Chiluba =free. appeal blocked and Nkole fired.
(2) Musonda shoots to kill an innocent citizen = free and still working like nothing ever happened.
(3) IG Kabonde found wanting in the General Auditors report ,till now the 1 billion is untraced. Still working like nothing ever happened.
(4) The son to the losing candidate in Mfumbwe runs over three innocent Zambians and crushes them to death..yes I mean DEATH= still free.
The list goes on.
2011 HELP us.
Shikakpwasha Just go and sleep in Parliament iwe sleepy air head !!!!