Convicted Post Newspapers Editor-in Chief Fred M’membe has been granted bail pending appeal worthy K20 million Kwacha in his own recognizance by a Lusaka Magistrate court with two working sureties.

His lawyer Remmy Mainza told journalists at the Lusaka Magistrate Complex this afternoon that M’membe has been granted a free bail by Magistrate David Simusamba. This means Mr. M’membe will not have to pay the money unless he defaults bail conditions.

The bail which was supposed to be signed this morning was delayed until after 15:00 hrs, because his lawyers were told to make some amendments to the notice of appeal which was presented earlier to Senior Resident Magistrate David Simusamba.

And speaking to journalists after he was released, Mr M’membe,who was clad in a pair of jeans, a pair of canvas, a checked shirt and a black cap said he does not understand what the alleged corrupt government of President Rupiah Banda has achieved by his conviction.

Mr M’membe said the Post Newspapers will continue operating as before, adding that his spirit remains the same and shall never be crashed.

M’membe further said that there is a great need to improve the judicial system in the country. He said the judicial system is not operating the way it ought to be.

Meanwhile, M’membe has appealed to authorities to look into the plight of prisoners whose situation he has described as ‘Worse than That of Dogs and Chickens’ in people’s homes.

M’membe has also thanked all those who turned up at the court today to give him moral support, mostly women clad in opposition UPND chitenge materials and T-shirts who sang songs of solidarity.

The Post Editor-in-Chief was last Friday sentenced to four months imprisonment after being convicted for contempt of court arising from an article by US based Zambian professor of law Muna Ndulo titled “the Chansa Kabwela trial,a Comedy of errors”.
[ QFM ]

The National Restoration Party (NAREP) today launched its manifesto and promised to reduce the number of cabinet ministers from the current 23 to 12 in order to minimize spending on ministers.

Interim President Elias Chipimo Junior says when he forms government he will reduce cabinet ministers to minimize government spending on ministers.

Mr Chipimo said government is spending too much resources on cabinet ministers and their deputies.

He further said that NAREP has a vision of achieving a broader ownership of the economy by giving opportunities to everyone to own and run various industries.

He noted further that ownership of the economy can only be made possible if dependency on mines and imported oil is stopped.

Mr Chipimo said in this vein, if given a chance to form government he would ensure that the country starts to use bio-fuels to create jobs for Zambians who will be forced to go into farming to produce the bio-fuels.

He said that his party’s vision and Manifesto is spelling out how the country will develop using what he called a new philosophy known as “ a just was” which he said is better than capitalism and socialism.

Mr Chipimo said his vision will combine technology with agriculture to transform the rural landscape into an oasis of activity and innovation which he said will turn Zambia into a food basket for the whole continent.

He observed that government has good policies which have not been implemented and he would ensure they are implemented.

Mr. Chipimo however pointed out that the launch of the PF/UPND pact will not shake his party as it has a stronger foundation on which it was founded. He added that his party’s vision was to restore the hope of Zambians.

ZANIS

By Elias Munshya wa Munshya

Since 1991, Fred M’membe and his The Post Newspapers have been great custodians of Zambia’s press freedom. In fact, many of the scores that Zambia has attained in the democratic dispensation have been due to the courage of M’membe and his The Post. M’membe’s great work has undoubtedly ruffled many feathers and earned him enemies in high places. Since 1991, he has been a thorn in the flesh of many governments. His activities have led him to perhaps be the most powerful Zambian outside of politics and government. He lives in his own world and commands great power, the power of the pen. But as the old adage goes, “absolute power corrupts absolutely”. This maxim is true at all levels of human endeavour. Absolute power in politics corrupts absolutely and this is true for lawyers, churches, popes as well as the press. In the case of The Post, their commitment to truth and press freedom created lots of power for its Chief Editor M’membe, and this power if left unchecked had the potential to corrupt him absolutely. A great preacher of justice could easily become an evangelist of injustice, and this is what happened to one Fred M’membe.

All of Zambia’s presidents proved to be on match to M’membe. Kaunda tried to finish him but he could not. In the dying days of his presidency, it was The Weekly Post, as it was then, that led a press campaign against Kaunda.

[pullquote] But as the old adage goes, “absolute power corrupts absolutely”. This maxim is true at all levels of human endeavour. Absolute power in politics corrupts absolutely and this is true for lawyers, churches, popes as well as the press.[/pullquote]

During Chiluba’s presidency, Chiluba attempted to incarcerate M’membe but the courts came to his defence and he was acquitted on several occasions. On one occasion, The Post published a comparison between the military capabilities of Zambia and Angola. This obviously displeased Chiluba who swiftly charged M’membe with espionage. The courts promptly dismissed the case and let M’membe free. Additionally, Speaker Nabulyato charged M’membe with a draconian “contempt of parliament.” However, to parliament’s shock the High Court reversed the sentence declaring that Parliament unconstitutionally usurped judicial powers. The Post continued on their crusade against Chiluba, to the extent of fabricating a story that he was born in the Congo. To buttress this argument, The Post found a Mr. Kafupi who claimed to be Chiluba’s father. One of the Post’s edition in fact, carried two pictures one of Kafupi and another of Chiluba, which showed striking resemblances between the two. In a civil case involving Kafupi, the Supreme Court refused to subject Chiluba to a DNA test. It was Chief Justice Ernest Sakala who dissented against the majority and saw no problems with subjecting Chiluba to a DNA test. In spite of this, Chiluba failed to cage M’membe.

When Mwanawasa came to power, it was The Post that published stories of Mwanawasa being a cabbage. As a lesson in humility, Mwanawasa countered that charge and claimed that he, in fact, was a piece of steak. The Post, Edith Nawakwi and Dipak Patel were charged with defamation. The cabbage case was discontinued, however. Furthermore, in one of its editorials, The Post reserved some strong words for Mwanawasa, calling some of his actions stupid. The police quickly pounced on M’membe and remanded him at Kabwata Police. He, however, stood his ground and called for the High Court to strike down the law that criminalized presidential defamation. M’membe claimed that a stupid president should not hide his stupidity behind the cloth of presidential defamation. This case never went to court; it was withdrawn by Mwanawasa. The might of presidential powers were no match to cage M’membe. He was acquiring for himself real power and clout.

However, in the latter presidency of Mwanawasa, The Post made peace with the government and they became Mwanawasa’s greatest defenders. Levy succumbed to them by sanctioning the Nchitoic prosecutions of Chiluba and his lieutenants. The Post’s newly found friendship in Mwanawasa is also demonstrated in that the Managing Editor of the Post, Amos Malupenga, inadvertently became Mwanawasa’s personal biographer. Malupenga’s book, “Levy Patrick Mwanawasa: an incentive for posterity” was in fact born out of The Post’s profile articles of Mwanawasa and his family. During the Nchitoic prosecutions of Fredrick Chiluba and others, The Post upset Magistrate Chinyama, who banned them from his courtroom. At least in that case, The Post escaped without a sentence.

The Post working on its reputation as an invincible defender of press freedom and anti-corruption crusader seized on Banda’s support for Chiluba and quickly cast Banda as a dictator. Banda complained bitterly against M’membe, ironically calling him “morbid and peculiar”. Banda then made a huge mistake; he caused the Police to charge Chansa Kabwela with a pornography case. As the Kabwela case went to court, it was felt by many Zambians that the case had no merit and Kabwela would easily be acquitted. Picking on this, Professor Muna Ndulo an eminent legal academician, wrote an article in The Post where he accurately argued that Kabwela’s case was a comedy of errors. He quoted various authorities of law, both statute and common law, and reached a conclusion that Kabwela had no case to answer for the charges that she was facing. Ndulo’s article appeared at the time of Kabwela’s trial. Magistrate Kafunda, as the trying magistrate had problems with Ndulo’s article in The Post and allowed contempt proceedings to begin in his court. However, Kafunda’s contempt proceedings were stayed by the High Court and Judge Wood, ruled that Kafunda had irregularly commenced contempt charges.

Instead of letting the issue die, the prosecution, decided to commence the contempt proceedings in a regular fashion and brought it before Magistrate Simusamba. Simusamba was perhaps the only match for M’membe who arrogantly argued that the article, though contemptible, was justifiable. [pullquote]
It looks like from this case, we have learnt that while one can get away with insulting the Head of State, the Courts of Law however, are more vicious and would not allow any amount of contempt. [/pullquote] While being cross examined by Lusaka divisional chief prosecutor Mumbuna, M’membe turned the trial into a high school debate contest, mocking Mumbuna as a failure who failed to cross examine him.

Magistrate Simusamba obviously had other ideas about the case. He stood in solidarity with the trying magistrate Kafunda, and found that The Post and M’membe were criminally liable and slapped a custodial sentence on them. It was necessary to send M’membe to jail so as to help him reform. It still remains to be seen however, how and if at all, this particular convict will reform only after four months.

Zambian politicians could not cage M’membe, Kaunda tried but failed. Chiluba also tried and failed. Mwanawasa tried and lamentably failed. Banda has tried too, but failed. It looks like from this case, we have learnt that while one can get away with insulting the Head of State, the Courts of Law however, are more vicious and would not allow any amount of contempt. Contempt is alright only if it is the president you are dealing with, but contempt for court takes you to jail regardless of who you are. And Magistrate Simusamba has taught us that lesson.

Second Republican president Frederick Chiluba has said the launch of the Patriotic Front (PF)/ United Party for National Development (UPND) Pact does not make it relevant to the Zambian people and therefore does not threaten the existence of the MMD Government after the 2011 elections.

Dr Chiluba said in an interview in Ndola yesterday that the PF-UPND Pact was not relevant to the Zambian people as it was working towards removing the MMD Government and not serving the Zambian people.

The pact should be seen to be doing something for the Zambians before citizens took it seriously otherwise it would soon be defunct.

“This pact is part of the statistics in the Zambian politics and nothing more, it is not going anywhere,” Dr Chiluba said.

He said the policies that govern the Pact were retrogressive to the Zambian economy and merely fanned violence unlike the MMD Government that was serving Zambians.
[pullquote]“This pact is part of the statistics in the Zambian politics and nothing more, it is not going anywhere,” Dr Chiluba said.[/pullquote]
Dr Chiluba said one of the leaders of the pact, the leader of the PF Michael Sata opposed progressive political and economic trends that made Zambia a real democratic country.

He said Mr Sata, who was quoted in the media to have invited him to campaign in the upcoming Chifubu Constituency by-elections to test his popularity, should not even bother inviting him because he had already invited himself to campaign in that election.

“I don’t have to tell anyone of how popular I am but the people will tell the story of how popular I am in the Chifubu elections,” Dr Chiluba said.

And Dr Chiluba said the sale of 75 per cent shares of Zamtel by the Zambian Government was commendable and was one of the many efforts by the current Government meant to improve people’s lives and saving jobs.

And the Committee of Citizens has expressed concern over the PF/UPND Pact’s failure to disclose the candidate in next year’s elections saying it should not be taken seriously.

Committee of Citizens president, Gregory Cifire said in a statement yesterday that the pact had not harmonised its programmes, manifestoes and its vision for the people of Zambia.

He said despite the launch of the pact there was also no disclosure of what programmes it has for the people if it was elected into office.

“This is dangerous as the unity between them is held by a very thin thread of naked ambitions to go to state house,” he said.

And Chief Chikanta of the Tonga people in Kalomo has warned that the PF/UPND Pact lacks fundamentals similar to the 2006 failed alliance formed by Hakainde Hichilema and Forum for Democracy and Development (FDD) president Edith Nawakwi.

Chief Chikanta said launching the PF/UPND Pact does not resolve the many technical and unresolved issues such as the shared popularity, which cannot easily be transferred to the candidate who would be adopted.

He said there were inherent weaknesses in the pact such as their failure to articulate development issues as they had only concentrated on insulting President Rupiah Banda and his Government.
[Times of Zambia ]