IFEX - News from the international freedom of expression community
_________________________________________________________________

ALERT UPDATE - ZAMBIA

14 November 2002

Supreme Court dismisses contempt of court application against "The Monitor"
newspaper

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

**Updates IFEX alert of 16 September 2002**

(MISA/IFEX) - On 12 November 2002, the Supreme Court dismissed an
application made by President Levy Mwanawasa's lawyer, Michael Mundashi.
Mundashi was seeking the citation of Arthur Simuchoba, editor of the
privately-owned newspaper "The Monitor", and Chali Nondo, his chief
reporter, for "contempt of court", for commenting on an ongoing election
petition against Mwanawasa's election in December 2001.

On 16 September, Mundashi applied to the court to cite the journalists for
"contempt of court" in relation to an article published in the 16 to 19
August edition of "The Monitor", which alleged that Mwanawasa had increased
Supreme Court judges' salaries "to soften the judiciary ahead of the
Presidential petition hearing."

Mundashi told all seven Supreme Court judges that the story, entitled "Levy
back-pedals on early polls", had cast doubt on the integrity of his client
and the judicial process. He further argued that the newspaper should have
avoided publishing comments suggesting that the president had influenced the
court into ruling in his favour through the salary increment, because such
reporting was prejudicial to a fair trial.

However, in his 12 November ruling, Chief Justice Ernest Sakala said that
though he found the report to be "very sarcastic," the matter could not be
dealt with by the court. He suggested that the case be handled by the
Director of Public Prosecutions, using relevant Penal Code provisions.
Justice Sakala noted that both the media and politicians with an interest in
the election petition had made comments about the proceedings that might be
prejudicial to a fair trial.

"We view with grave concern the ongoing statements in the press and comments
by the media and some individuals on this particular petition. Some of these
statements and comments in fact tend to cast aspersions on the court itself
while others are deliberately calculated opinions on what individuals think
the final verdict in this petition should be," Justice Sakala said. He
warned all parties to limit their comments on the trial to factual
statements or risk being cited for contempt.

BACKGROUND:
President Mwanawasa's December 2001 election is being challenged in the
Supreme Court by three opposition party leaders, who allege that he was
dubiously elected. The case has attracted widespread comment in the media,
with both the president and those challenging his election saying they would
win the case.

For further information, contact Zoe Titus or Kaitira Kandjii, Regional
Information Coordinator, MISA, Street Address: 21 Johann Albrecht Street,
Mailing Address; Private Bag 13386 Windhoek, Namibia, tel: +264 61 232975,
fax: +264 61 248016, 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.
_________________________________________________________________
DISTRIBUTED BY THE INTERNATIONAL FREEDOM OF EXPRESSION
EXCHANGE (IFEX) CLEARING HOUSE
489 College Street, Suite 403, Toronto (ON) M6G 1A5 CANADA
tel: +1 416 515 9622 fax: +1 416 515 7879
alerts e-mail: [email protected] general e-mail: [email protected]
Internet site: http://www.ifex.org/