No Show Mmembe Faces Arrest

Sep 03, 2009 (The Times of Zambia/All Africa Global Media via COMTEX) -- NOSH | Quote | Chart | News | PowerRating -- A LUSAKA Magistrate's Court has issued a bench warrant against Post newspapers Editor-in-Chief Fred Mmembe for failing to appear before court after he was cited for contempt.

Chief Resident Magistrate Charles Kafunda said Mr Mmembe's non-appearance was a serious disobedience to the court's directive and ordered a bench warrant of arrest and detention until September 7 when he should appear in court.

The Post last week published an article criticising the arrest of its news editor, Chansa Kabwela, after she sent the vice-president pictures of a woman in labour without medical support during a health workers strike.

The newspaper article saying the State would most likely be embarrassed by the arrest, came a day before the trial of Kabwela, prompting the court to summon Mr Mmembe after the prosecution complained.

Mr Mmembe did appear before court on Wednesday and instead sent his managing editor, saying that the court summons were not specifically prepared for him as an individual and that prompted the magistrate to direct that he be arrested.

Mr Kafunda said he was aware that columnist Muna Ndulo was far away but arrangements would be made to have him appear in court.

Mr Kafunda also cited acting Editor-in-Chief Sam Mujuda for contempt after he and Managing editor Amos Mulupenga and Production Manager Afeti Yulu appeared for determination whether the editorial staff was involved in the publication of the article.

He however, excused Mr Malupenga who said he had nothing to do with the publication of the article and Mr Yulu who said he was on leave during the publication of the said article.

Mr Kafunda who earlier threw out applications by the defence that Mr Mmembe did not appear in person because he was on study leave and that summons issued to the Post were not in his names.

He said reasons by the defence team that Mr Mmembe was on study leave and the summons were not directed to him, confirmed that the Post editor-in-chief was fully aware of yesterday's proceedings.

There is only one editor-in-chief summoned and the person the court has learned is Mr Mmembe. I will therefore issue a bench warrant for his arrest," Mr Kafunda said.

The magistrate summoned the entire Post newspaper editorial staff to appear before the court for determination whether any member of the newspaper was linked to the publication of the said article.

The Post newspaper, in its August 27, 2009 edition carried a comment entitled 'The Chansa Kabwela case, comedy of errors' authored by Professor Ndulo.

The article prompted the State prosecution team led by divisional prosecution officer (DPO), Frank Mumbuna to apply for contempt of court against the newspaper because the comment disregarded the court's earlier directive for media organisations to stop commenting on the case.

Mr Kafunda said it was important to bear in mind that last month, he directed all media houses to stop commenting on the matters before the court.

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