IFEX - News from the international freedom of expression community
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ALERT UPDATE - ZAMBIA

11 May 2004

Court revokes columnist's deportation order

SOURCE: Media Institute of Southern Africa (MISA), Windhoek

**Updates IFEX alerts of 27 February, 14 and 6 January 2004**

(MISA/IFEX) - On 26 April 2004, Lusaka High Court Judge Phillip Musonda quashed
a deportation order issued by Home Affairs Minister Ronnie Shikapwasha against
"The Post" newspaper columnist Roy Clarke, saying it was unlawful and violated
freedom of expression. Clarke, a British national and permanent resident of
Zambia, had appealed the order.

In his ruling, Justice Musonda said the deportation order violated Section 26(2)
of the Constitution in that there was procedural impropriety in the way the
order was issued. He said that Clarke had shown that his constitutional rights,
including freedom of expression and the right not to be discriminated against,
were violated by the state.

According to Musonda, unless the article injured national security, territorial
integrity and public safety, it would be within the permissible right of freedom
of expression. "In a nutshell, the application succeeds on all three grounds
under Order 53 of the Supreme Court," the justice said.

He observed, however, that some of Clarke's articles were "irritating, offending
and lacked cultural sensitivity." "To engage in the detailed description of
physical features of a person may be perceived as too personal, even if they are
public figures," Musonda said.

On 26 April, President Levy Mwanawasa announced the government would appeal
against Judge Musonda's ruling, saying it was wrong for the country's leadership
to be referred to in derogatory terms.

"We will appeal so that the Supreme Court can determine whether Clarke was right
to call us 'Kaffirs'," Mwanawasa said in his address to Zambians resident in
South Africa.

Clarke also faces charges of "assault and disorderly conduct". On 12 February,
he allegedly assaulted Inspector Jere of Chelstone police station, in Lusaka,
where he had gone to report that his daughter Towani had been abducted by
unknown gunmen. During the course of reporting the matter, Clarke allegedly
assaulted Jere, who seemed to show little interest in his daughter's plight.

BACKGROUND:
On 5 January, the Zambian government gave Clarke 24 hours to leave the country
for having allegedly insulted Mwanawasa and two other cabinet ministers in an
article published in "The Post" on 1 January.

For further information, contact Zoé Titus or Kaitira Kandjii, Regional
Information Coordinator, MISA, Street Address: 21 Johann Albrecht Street,
Mailing Address; Private Bag 13386 Windhoek, Namibia, tel: +264 61 232 975, fax:
+264 61 248 016, e-mail: [email protected] or [email protected], Internet:
http://www.misa.org

The information contained in this alert update is the sole responsibility of
MISA. In citing this material for broadcast or publication, please credit MISA.
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