Anthony Kunda in Lusaka
FREEDOM of speech in Zambia suffered a severe blow with the imprisonment last week of Masautso Phiri, special projects editor of The Post, the country’s only independent daily, and the separate arrest of three journalists for The Chronicle, an independent weekly.
Phiri was tried and sentenced by a full bench of the Supreme Court on a contempt of court charge for writing in his weekly satirical column – called “My Post Card” – that the state had secretly given seven judges R50-million to influence them to rule in favour of President Frederick Chiluba in a current petition challenging the legitimacy of his re-election.
Phiri apologised, saying that: “In fact in brief statement, in the column, I did say I didn’t believe the story, which shows that I hold the Supreme Court with respect.” His lawyer, Sakwiba Sikota, asked the judges to consider fining Phiri, and proffered a published apology. “A full and unreserved apology will be written as a Post Card column.”
Justice Matthew Chaila immediately said: “Speaking for myself, I won’t accept the apology.”
Deputy Chief Justice Bonaventure Bweupe rejected the apology, and the plea for a fine, saying: “A fine would be inappropriate for the heinous and scandalous act. We award the accused a prison sentence of three months. This should be a lesson to others.”
David Simpson, chairman of the local chapter of the regional watchdog for press freedom, the Media Institute of Southern Africa, said: “In view of the fact that Mr Phiri admitted his error … we would have preferred to see punishment take the form of a fine.”
Fred M’membe, editor-in-chief of The Post, in a hard-hitting editorial condemned the trial and sentence as hypocritical, saying: “Phiri is a political victim of our judges. It is clearly politics at work and not law.”
M’membe noted that some people had, previously, accused the judges of worse crimes and got away with it. He said: “Stewart Mwila accused Chief Justice Matthew Ngulube of rape; he got away with not even a night in a police cell … This is the hypocrisy we are opposed to.”
Several clergymen have agreed the action was a travesty of justice. Archbishop John Mambo of the Church of God, said: “You cannot have your accusers sitting in judgment. It’s against the rules of natural justice.”
Meanwhile, Lweenod Hamusankwa, editor of The Chronicle, an independent weekly, was arrested last weekend with two of his reporters George Jambwa and Boyd Phiri, and charged with publishing “information like to endanger the security of the nation”.
The Chronicle published a story saying a Zambian army armoury outside Lusaka had been broken into, and guns and ammunition had been stolen. When an opposition politician raised the issue in Parliament, deputy speaker Simon Mwila ordered the Defence Ministry to probe the matter. But police thought it more prudent to arrest The Chronicle journalists.
The trio were granted bail on Wednesday. Trial has been fixed for March 20.