THEUNIVERSITYOFZAMBIA

SCHOOLOFHUMANITIESANDSOCIALSCIENCES

DEPARTMENTOFMEDIAANDCOMMUNICATIONSTUDIES

MJS MEDIA LAW (1322) ASSIGNMENT 1

NAME: NAMANWE SELINA

COMPUTER NUMBER: 2021533182

COURSE CODE: MJS 1322

LECTURER: Mr. F. MUZYAMBA

TUTOR: Ms. YAMIKO BANDA

DUE DATE: 14THOCTOBER, 2022.

QUESTION: Find one Contempt of court case and one Contempt of parliament case involving
the media of PR persons/ organizations in Zambia. For each one, separately write an essay
account of the case under subheadings discussing 1) parties to the case, 2) the issues, 3)the
judgment, and 4)actual and possible impact of the case on press freedom/ freedom of expression.
Please insure that the essays have an introduction, a middle, and conclusion.
INTRODUCTION

In order to ensure that society is orderly and just, many countries both in the developed and
developing world have the constitution and ensure that citizens abide by the rule of law.
However, in order citizens to enjoy their rights as enshrined in the constitution, they must have
the freedom to express themselves, and the media ensures that people are given the platform to
exercise their freedom of expression.

People must be free to use the media to comment and criticize the actions of all three arms of
government. Journalists play an essential role of ensuring that those in authority uphold the rule
of law and remain accountable. However, in the course of performing duties, Zambian journalists
have found themselves going against the law on contempt of court and contempt of parliament.

Therefore, this essay intends to firstly outline what constitutes contempt of court as well as
contempt of parliament. It will further cite of examples of Zambian journalists who came into
conflict with the two laws. The essay will look at the judgement that was part in the two cases,
the journalists involved, and also the actual and possible impact that these cases had press
freedom in the country.

Contempt of court is defined as wilfuldisobedience towards a court of law and its officers in the
form of behaviour that opposes or defies the authority, justice and dignity of the court. This
wilful disregard for the courts can manifest itself in failure to appear before a judge when
summoned or subpoenaed by the courts. When it comes to journalists, failure to reveal the
identity of thesource of information in a story before the courts is considered as contempt of
court.

In turn, Contempt of parliament is something that interferes with parliament or obstructs its
members from performing their duties. For instance, In Zambia, leaking the pay slip of a member
of parliament is considered as contempt of. Even criticizing Parliamentary officers like speakers
is deemed as contempt of parliament.
Parties to the case

The now closed Post newspapers was at one point the biggest privately print publication in
Zambia. The newspaper, headed by veteran journalist and lawyer Fred M’membe carried stories
that used to receive applause and backlash from both the public and those occupying seats of
authority.

Bearing in mind the Post newspaper carried both investigative and opinion pieces, it had a brush
with the law or law and law offences on numerous occasions. For instance, in 2010,M’membe,
was sentenced to four months in prison with hard labour, after having been found guilty of
contempt of court. This was in relation to an opinion articles that was carried in the newspaper
by Cornell University Professor Muna Ndulo.

The issues

Ndulo, who is Zambian but based in the United Statesdescribed the obscenity case involving
Post editor Chansa Kabwela that was then ongoing at the Lusaka Magistrate courts as “a comedy
of errors.”

Judgement

Strangely, David Simusamba who was the magistrate presiding over the case directed that
M’membe as Managing editor of the publication of the newspaper that carried commentsdeemed
as contempt of court was to serve jail term at Lusaka Correctional facility on behalf of the
newspaper and pay a fine of K135,000.

After the sentencing, then Post editor Amos Malupenga described the sentence an affront to
freedom of the press and freedom of expression.

To give a brief background to the case, In June 2009, Kabwela sent two photographs of a woman
giving birth in a street, attached to a letter, to the Zambian health minister, other public officials
and civil society members. The act was designed to draw attention to the repercussions of a
public health sector strike. The child later died.

Zambian President Rupiah Banda called the pictures ‘morbid and peculiar’ and he further called
on the arrest of the people who circulated the pornographic pictures.
After the president’s comments, Kabwela was arrested on 13 July 2009 for circulating obscene
material contrary to section 177(b) of the Zambian penal code, which makes it illegal to possess
or distribute an “object tending to corrupt morals”, despite the fact that the photographs were
never published in the newspaper.

The arrest of Kabwela was described by the International Press Institute protested as a political
act against a critical newspaper.

In the course of the trial, though, contempt charges were brought against The Post, its owner
Fred M’membe, who was named an IPI World Press Hero in 2000 for his courageous journalism,
deputy managing editor Sam Mujuda and Cornell University professor Muna Ndulo, who penned
the critical article published by the newspaper.

After appealing his conviction to the Lusaka High Court, the court quashed a four-month jail
sentence imposed on The Post newspapers editor-in-chief Fred M’membe for contempt of court.
The court, however, replaced the custodial sentence imposed on the Post Newspaper with a fine
of K135, 000.

Delivering judgment in Lusaka yesterday, a panel of three High Court judges, Royda Kaoma,
Mwiinde Siavwapa and Fulgence Chisanga, said there was no evidence to prove that Mr.
M’membe masterminded the publication of the offending article.The High Court said it received
with ‘a sense of shock’ the judgment that the newspaper should serve a jail sentence because
there is no such proposition of law or judicial practice in Zambia.

Impact on press freedom

The arrest of journalists in the course of their duty always erodes media freedom. In fear of the
consequences of their work, which in the instance of M’membe, was custodial imprisonment,
journalists avoid reporting on some cases.

Furthermore, when the media is afraid of carrying out some stories that can be deemed as
contempt of court, the public are denied an opportunity to exercise their freedom of expression,
and this affects democracy. The case of the Post newspapers had the potential of making media
house fear publishing opinions about court cases, thereby, denying the public independent
commentary on national matters.
CONTEMPT OF PARLIAMENT

Contempt of parliament, though rare in the Zambian media, is another law that threatens media
freedom in Zambia.

Parties to the case and judgement

In February 1996, Post newspaper Editor-in-chief Fred M’membe, his managing editor Bright
Mwape and columnist the late Lucy Sichone were found guilty by the Speaker of the National
Assembly, Dr. Robinson Nabulyato, of being in contempt of Parliament and sentenced to
indefinite imprisonment under the Protection of the Parliamentary Privileges Act, legislation
dating back to British colonial rule.

The issues

In comments carried out in an en editorial written by M’membe and Mwape, as well as a column
piece written by Sichone, the three castigated and criticized then Vice-President Godfrey
Miyanda for attacking the Supreme Court while he delivered his statement on the floor of
parliament.

After the sentencing, the three decided to go into hiding. However, M’membe and Mwape
handed themselves in on 4 March and that they were taken to maximum security prisons.

The sentencing of the three journalists was widely condemned with some opposition and human
rights activists wondering whether parliament had powers to punish members of the public with
a custodial punishment.

For instance, Fanwell Chembo, head of the Zambian chapter of the Media Institute for Southern
Africa (MISA), described the speaker’s action as ‘‘a leap back into the dark ages for the
Zambian media.’’

Impact on press freedom

Journalists and the media are crucial to ensure transparency and accountability for public and
governmental authorities. However, when journalists are arrested for questioning comments and
decisions of government officials, then keeping them accountable becomes hard. Furthermore,
the sentencing of the three journalists had the potential of making journalists avoid commenting
on parliamentary proceedings. This in turn denies the public vital information from the arm
delegated to make laws.

Conclusion

The media is a vital partner of both the courts of law and parliament. For justice to be seen to be
done, the media has to continuously inform the public on court verdicts and processes. For
parliament to be seen to be doing its role of enacting laws, the media has to report on its
proceedings and simplify parliamentary proceedings to the public.

However, journalists in their course of duty can offend these two arms of government, which has
consequences. This consequence which has attracted imprisonment for journalists, are an attack
on media freedom. Therefore, laws such as contempt of court and contempt of parliament should
be reviewed in order ensure that they do not trample on press freedom.
 References
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