M’membe handed four months jail term

The Post's editor-in-chief, Fred M'membePost Editor-in-Chief Fred Mmembe has been sentenced to four months imprisonment with hard labour after being found guilty of contempt of court together with the Post Newspapers by a Lusaka magistrate court.

Mr M’membe has also been sentenced to four months simple imprisonment on behalf of the Post Newspapers, after Magistrate David Simusamba set free Post Human Resources Director Rueben Phiri was standing in for the Newspaper.

Passing sentence this morning, Magistrate Simusamba said Phiri could not be the right person to suffer for the Post. He said the sentences will run concurrently meaning Mr M’membe will only serve a four months jail term.

Mr M’membe’s defence attorney Mr George Chisanga commented: “It’s really a dark day for press freedom in Zambia.”

The contempt case arose from an article authored by US-based Zambian law Professor Muna Ndulo titled: ‘The Chansa Kabwela case: A Comedy of Errors’, and published in the paper on August 27, 2009.

Magistrate Simusamba said he jailed Mr M’membe to “reform” and deter would-be offenders. He declined to give Mr M’membe an option of a fine.

Although Mr M’membe had contended in his defence that he was on study leave at the time the article was published, Mr Simusamba said the editor had the capacity to issue instructions or grant authority from anywhere using technology.

Mr M’membe’s defence attorney Mr George Chisanga commented: “It’s really a dark day for press freedom in Zambia.”

“I just want to say that we understand what is going on. We fully know what is going on and we are ready for it,” said Mr M’membe.

Mr M’membe lawyers Remmy Mainza and George Chisanga have applied for bail pending appeal after filing a notice of appeal yesterday in the High Court.
M’membe, clad in a checked blue shirt and jeans, was led to prison by warders immediately after the sentencing. Mr M’membe is detained in police custody pending the outcome of his bail application.

The Committee to Protect Journalists (CPJ) Africa Program Coordinator Mr Tom Rhodes said: “Fred M’membe’s conviction appears to be part of the ongoing harassment against The Post since President Rupiah Banda came into office in 2008.”

“This undermines Zambia’s democratic credentials and we call on the administration to drop all legal proceedings against The Post,” stated Mr Rhodes.

105 Comments

  1. 1 flag Ghostrider

    Am not an expert at law but wasnt this rather too quick???

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  2. 3 flag Chapanswa

    THE Ndola Magistrate court accepted Minister of Works and Supply Mike Mulongoti’s apology for making a Press statement that was allegedly contemptuous of the court.
    Ndola chief resident magistrate Kelvin Limbani said that he had taken Mr Mulongoti’s apology and warned everyone to desist from making comments on matters that bordered on cases before courts.
    This is when Mr Mulongoti appeared in court to show cause why he could not be cited for contempt of court.
    Mr Mulongoti was summoned on March 17 to appear in the Ndola magistrate court in connection with the trial of former Defence minister and Kafulafuta Member of Parliament George Mpombo who had been charged for issuing a cheque that was dishonoured.

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  3. 4 flag Red Card Smoothcriminal

    Only!!!
    something fishy is going on in the judicary,whatever it is,its really stinking

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  4. 5 flag Neutral In all This

    deleted after 5 complaints

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  5. 6 flag Muntuza

    What ‘Boma ni Boma’? This man is out already, walking the streets free as ever! Shame on you minions that want to have a free reign by locking your opponents. Shame on ya!

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  6. 7 flag princess

    cabipa sana:((:((:((
    lets hope appeal will go through

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  7. 8 flag Chapanswa

    The comments by minister Mike Mulongoti reacting to former defence minister George Mpombo are very careless and border on contempt of court procedures.
    Mulongoti being a Cabinet minister is disturbing the flow of court justice by suggesting that Mpombo will need him when he goes to prison.
    As a minister it seems he knows already that no matter what, Mpombo will end up behind bars over the case which is arleady in court.
    What does this leave the trial magistrate then? If he sends Mpombo to prison, will the public not judge him to be following president Banda’s instruction to cage Mpombo, even when the evidence to do so may be there? If he acquits him, will that also not be an issue?
    In all fairness, Mulongoti must be cited for contempt of court for making such a careless statement,…

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  8. 9 flag Jaha Laku Kanele

    Fred and his lawyers were well aware of the outcome of the case; it is not a wonder that the judge refused to grant him the option of a fine. Look at this “Magistrate Simusamba said he jailed Mr M’membe to “reform” and deter would-be offenders. He declined to give Mr M’membe an option of a fine.” Reform for what? What is even more laughable is that Kabwela was found without a case to answer. [-o< [-o<^:)^^:)^, is what these judges want to get from journalists, but =d>=d> to RB with his quest to harass the Post

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  9. 10 flag MozyP

    #5 shame on you!!!!! talk sense mwana

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  10. 11 flag Princess

    Mmembe must have s.c.r.e.wed a lot of Zambian bloggers. I tend to wonder how i.di.ots like #5 are privy to somebodys private life.

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  11. 12 flag Deja Vu

    Desperate MMD. Jail is waiting 4 you come 2011.

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  12. 13 flag killmequick

    Is this case any diffarent from Mulongoti’s. Just what is hapening pa ZED. Any way the Vote will tell the story as quit to be an MMD supporter.

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  13. 14 flag SPEAKING TIME

    What ever the case-We know where we are as Zambia and we know what is happening—Too bad for our independent media—these guys are upto finishing us but let us go forward no time to be cowards.
    Fred keep up
    I agree with comment # 3 and why not a fine???No reason but just to push this noisy journalist inside
    CRY THE BELOVED ZAMBIA

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  14. 15 flag Dudu

    Mulongoti apologised. Did Mmembe do the same, NO! He stood by his word, his very WRONG word. Lesson: lets show remorse where we can. It does’nt cost anything.

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  15. 16 flag Chinese Eyes

    M’membe must learn to contain his personal anger and not abuse the Post to disrespect authority. As a lawyer, albeit a rookie, he should have known the consequences of commenting on an issue before court. It is really a pity that things should come to this. We all support a free press but, alas, there is no such a thing as absolute freedom. May he be granted bail; at least he will now learn to respect the judicial system and contain his unbelievable anger and disrespect for anyone who does not agree with his views.

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  16. 17 flag Zodie Dube

    i hope they deport some of you id,,iot bloggers back to zambia

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  17. 18 flag Life Maker

    Comment 5, M’membe and the Post appealed yesterday citing 7 grounds for the appeal.

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  18. 19 flag GM

    Its really sad may God come down fast and help innocent souls that are jailed for doing the right thing he will be out of that place and one day God will up light him to sort out all those behind the whole issue however vegency is for God RB may have force such for him but after his reign something will come up that will shake the whole country and police will be on him he better be smart

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  19. 20 flag Fred's bum shorts

    deleted after 5 complaints

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  20. 21 flag GM

    comment no. 5 may God deliver you so that you may realise you comments are so disguisting for a harding working person sent to jail for enlighting the nation’s failures and success and for making you aware of what goes on in the whole country

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  21. 22 flag Wanzelu

    Why not cite Chiluba for contempt over his claims that Katele’s conviction is Political witch-hunting.This case is a waste of National time & the judiciary’s.Where is Kabwela today?
    The judge even refuses an option to a fine :-??:-??:-??:-??:-??

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  22. 23 flag Rodgers Chongwe

    the appeal yesterday is null and void because membe had not yet been sentnced so they have to file in another appeal motion today and this will most likely be heard on Monday and not today. so he has to sleep in jail until next week. the chap thinks he is above the law, no he is not above the law. this nonsense of the Post would never be tolerated anywhere in the west and why should we tolerate it in Zambia??? freedom of the press does not mean freedom to write and cast aspersions on the courts of Zambia No again I say No. Membe must be disbarred from the legal fraternity

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  23. 24 flag chongololo

    RB and his tricks…. he chose a friday so that Membe can spend the weekend in the cells. RB and your minion remember this is not the first time for this man to be there, he has been taken there by Kafupi’s admin. You chaps, anyone who opposes your view, its jail. What a shame way of sorting out your suspected enemies!

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  24. 25 flag Kayz

    Justice delayed is justice denied …….So the pace the courts have taken in disposing off this case has been good.

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  25. 26 flag Mangelepa

    M’membe now x-convict, they must be speaking same language with Sata onwards. This guy was untouchable, all the words of this world poved him innocent, in this

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  26. 27 flag ndendo

    its up to the judge to hand out a fine or custodial sentence to a convict. this time the judge felt four months was good. let us all respect the law, look at how fred celebrates when his enemies are jailed. contempt of court, theft, defiment, robbery are all crimes. committee to protect journalists should also protect innocent citizens from abuse by those who scandalise others. this is not about press freedom nut abuse of the judiciary. you guys who believe in what he writes can celebrate but as also who believe in the truth and uprightness are happy justice has prevailed. Simply put it you are the minority and in opposition and we are the majority and ruling. Come 2011 we shall still defeat u bcos u have no agenda. u rise by the sword n u sink by the same. viva press freedom viva judiciar

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  27. 28 flag NAPAPA SANA!!!!!!

    # 5 and # 20, your comments are too off the mark and uncalled. That is not the right way to go about issues. I find your comments rather disgusting! Let us talk about issues we know about M’membe’s case as presented to us on this site!!!!!!!!

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  28. 29 flag One True One

    MMD Govt at its level best.

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  29. 30 flag REAL PEOPLE

    No one is above the law. M’Membe was cheated by his lawyers. Its the court to determine whether to administer a fine or to send you to jail.

    I hope he has a wife to buy him some cigarete for those prison sex manias in prison. Apologize where u can it does not cost a thing. But if you want to show your pomposity when you are only schooled and not educated u will be embarrassed oh. :d/:x:o:-?

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  30. 31 flag sum guy

    RB at work. Let justice prevail and i hope the courts avoid bowing to political pressure. The Chansa Kabwela case was brought about by RB’s emotional turntrums hence all this nonsense. Viva M’membe, viva Post!

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  31. 32 flag WAKE UP ZAMBIA

    # 17, how can they deport us if this is now home…we can come to Zambia anytime we want…we buy the visa at your so-called Lusaka International Airport whereas you have to sweat to get a visa to come here, assuming you can succeed

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  32. 33 flag Simon

    Princess # 11 – I agree with you – and i like your sense of humour.

    Its amazing how quickly Zambia has been dragged back into the stone ages with RB at the helm. Press freedom is a fundamental element of Democracy. Its unfortunate that RB there is a perception of the Judiciary having been compromised. The doubt in itself is an indictment on the Judiciary, they should be beyond reproach.

    History is a great teacher. What has happened to leaders who have craved the kind of power that RB craves – Hitler, Mussolini, Stalin, Sani Abacha, Charles Taylor, Nicolie Cecescau, Slobadan Milosovich, Mobutu Seseseko, Idi Amin, the list is endless… Let us ignore history at our own peril. ‘Those who have ears and eyes………………………….’

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  33. 34 flag John P

    I personally am not a big fan of Fred’s but i think this is just a witch hunt.
    I shudder to think what ll become of our country next yr when elections come
    I wouldnt be surprised if Chkala RB decided to take things personal and drag us back to he one party system

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  34. 35 flag SPEAKING TIME

    KICKS OF A DYING HORSE CAN BE SEEN EVEN FROM AFAR—DEAR HORSE OBEY THE RED CARD WHATEVER YOUR TRICKS–GOOD BYE GOOD BYE—-BOOTLICKER AND VETERAN KNOWS WHO I AM TALKING ABOUT….ZAMBIA PLEASE STAND UP AND FLUSH SOMEONE OUT ONLY BY VOTE NO VIOLENCE AT ALL
    ALL THESE ISSUES HAVE BEEN RAISED BY ONE CARELESS TALKER WHO CALLED REALITY PONOGRAPHY–I DO NOT BLAME THE MEGISTRATE BECOZ HE IS ONLY DOING HIS JOB-HE HAS MASTERS—-SOMEONE HAS PAID A SACRIFICIAL PRICE FOR CHANSA—WE KNOW THEIR GUYS BUT THE STRUGGLE CONTINUES

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  35. 36 flag John P

    # 17 what ou are insinuating by saying that is that Zed is such a bad place such that if anyone gets deported back there then it is a very big punishment. Ufwile ulatukumbwa sana fwebekala outside the country ayi? Ukesefye boi naiwe. Otherwise, no one is deporting us and we ll continue to enjoy it here.
    Woooooooooooooooooooo

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  36. 37 flag WAKE UP ZAMBIA

    If I were the President of Zambia….I would
    1. Drop Kabonde and have him investigated for corruption and violence
    2. Be nowhere near Dora Silly-ya as she was corrupt in the Zamtel saga
    3. Retire VJ for “National Interest” reasons
    4. Never fire anyone in front of cadres but ask for their resignation and praise them for their duties even if I dont mean my praises
    5. Never fight with Sata in the press…infact I would praise Sata for his years of service to the nation even if I dont mean it
    6. Would not encourage charges to be files against Mpombo for money he borrowed privately and was returned
    6. Never evict monkeys from State House as that shows vindictiveness even to animals
    7. Stay in the office more even if I am doing nothing as that might give an impression of hard work

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  37. 38 flag Kambongolo

    Let us apply the law fairely, membe commited the same offense which Mulongoti also commited. But where is MulongotI? why hasnt been jailed as well? The other side is that of Ka MUsonda ka muderer, why hast he been arrested up to this time? We know what is going on in Zambia in the RB gonvernment. Please dont take people for granted one day they will react.

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  38. 39 flag WAKE UP ZAMBIA

    If I were president of Zambia I would:
    8. Seriously look at the way Levy governed and learn from it instead of fighting those who insist on Levy’s legacy
    9. Seriously lecture cadres concerning civility as their continued violence can spell my doom come 2011
    10.Immediately condemn Mufumbwe violence and apologize to the residents of Mufumbwe as opposed to keeping Kabonde
    11.Have Dr. Solomon Musonda immediately arrested as an expression of interest in peace. I would immediately fire him to pave way for investigations
    12.

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  39. 40 flag Voice of the Poor >Psalms82:1-8 / Proverb 31:8-9

    When the hunter becomes the hunted!
    Leviticus 19:15
    ‘Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly.

    Psalm 106:3
    Blessed are they who maintain justice, who constantly do what is right.

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  40. 41 flag WAKE UP ZAMBIA

    if I were president of Zambia I would:
    12. take serious steps to curb corruption even if it meant avoiding FTJ like a plague
    13. have more alliances with KK than FTJ
    14. consider Sylvia Masebo for appointment so as to appear conciliatory
    15. consider Magande for appointment for the same reason as “14)

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  41. 42 flag WAKE UP ZAMBIA

    If I were President of Zambia I would:
    16. have regular round table conversations with leaders of UNZASU
    17. refuse to have hordes of people escorting me and welcoming me when traveling. I would fly out of State House by helicopter and get on the plane at the airport with as little fanfare as possible. A lot of resources would be saved and ministers would learn to stay in their offices

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  42. 43 flag WAKE UP ZAMBIA

    If I were president of Zambia I would:
    18. listen more to the people of Zambia and be less defensive when corrected

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  43. 44 flag Patriot

    The b.l.o.o.d of Mukelabai Mukelabai framed up and murdered in cold blood is upon Mmembe and Mtembo Nchito. It is now calling back its innocence aloud. Now subcontract from the experienced Romanian trained experts who Chiluwed Chiluwe to systematically handle and Chiluwelize this maggot. A night at 18 miles 20 feet will summarize and denature the primate then release it.

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  44. 45 flag WAKE UP ZAMBIA

    If I were president of Zambia I would:
    19. encourage my advisers to be bluntly honest with me, if they are too loyal, I would fire them

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  45. 46 flag Patriot

    Let this primate mobilize all its fellow g.a.y.s to redeem it. Where is Lubinda, G.a.y Scott, William Harrington, Sanders, Sata, Mumbi Phiri, Mpombo with his dictionary, Kambwili, ex- priest Bwalya and his die Zambia, Bishop Mpundu, Kabanda, Augustine Mwewa, jean Kapata and Magande who promised that they they make sure that this g.a.y is indispensable and a law by itself. Why aren’t they using the power of their insults and h.o.m.o.s.e.x.u.a.l spirit to deliver this g.a.y before its chiluwelized?

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  46. 47 flag TRUE ZAMBIAN

    TIME WILL TELL. SURPRISINGLY THE POLICE AWAITS DIRECTIVE FROM DPP TO ARREST THE SOLOMON WHEN THE EVIDENCE IS SO CLEAR. BUT MEMEMBA IS GAGED SO QUICK

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  47. 48 flag Voice of the Poor >Psalms82:1-8 / Proverb 31:8-9

    Bravo work up zambia
    That is thinking wise!!!

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  48. 49 flag Josef P

    Mmembe believes is even above the president.

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  49. 50 flag Inge

    Interesting comments, some of these. Reveals a lot about the writers.
    1. Some are saying the Post would never be tolerated in the West, which west are you referring to? You mean the Post is the worst that there is? man, one is the last time you read a paper, visited a library or bought a book? I hope you are not the typical of diaspora Zambians: boring, buy papers to read football(men in Europe) and generally mentally lazy to weigh matters.
    2. I am no fan of Mmembe. He has excesses, but one must always weigh the implications of such actions as has been meted on him. ANYONE COULD BE NEXT and this is good for Zambia.
    3. DO I sense jealousies in some postings? yes, the guy has grown rich…and in Zambia!

    4. # 32, I pity you.

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  50. 51 flag Inge

    Interesting comments, some of these. Reveals a lot about the writers.
    1. Some are saying the Post would never be tolerated in the West, which west are you referring to? You mean the Post is the worst that there is? man, one is the last time you read a paper, visited a library or bought a book? I hope you are not the typical of diaspora Zambians: boring, buy papers to read football(men in Europe) and generally mentally lazy to weigh matters.
    2. I am no fan of Mmembe. He has excesses, but one must always weigh the implications of such actions as has been meted on him. ANYONE COULD BE NEXT and this is not good for Zambia.
    3. DO I sense jealousies in some postings? yes, the guy has grown rich…and in Zambia!

    4. # 32, I pity you.

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  51. 52 flag Storm

    Mmembe has been to jail before. This is nothing compared to what kafupi put him through. He has just began. Hence forth it will be gloves off. MMD will stick of the filth they habour. You know what i am talking about! Just wait and see.

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  52. 53 flag The Legacy

    WAKE UP ZAMBIA…..why cant you contest the presidency in 2011, I will vote for you

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  53. 54 flag Miss Pretty

    deleted after 5 complaints

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  54. 55 flag Voice of the Poor >Psalms82:1-8 / Proverb 31:8-9

    in addition to #39, 43

    Zambia being a christian Nation I would believe in the Lord, I will repent my sins, I will confess with my mouth (RM10:10). then get baptized so that am a new creation 2cor 5:17

    Appologise to the pipo of zambia, the churches, and any one feeling hurt and seek forgiveness and reconc

    Get rid of the poisonous friends, ministers,cadres and anyone advocating violence, or having untamed tongue (James 3:3)

    Put politics aside and begin to do what the Lord love most. deliver to the poor

    Prclaim peace,unity and justice

    Put all my plans for this country in the hands of the Lord

    clean up the clutter

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  55. 56 flag Mick

    # 49: Your comment typifies the annoying docility that is characteristic of Zambians. There could be nothing wrong with anyone thinking that they were above the president, whatever you meant by that.This is what leads to hero worshiping and the corruption that is now endemic in Zambia. ALL ZAMBIANS HAVE A STAKE IN ZAMBIA. IT is your damn God given right and privilege and please, go ahead and exercise it within the social contract that Zambians have agreed amongst themselves. Wake up man and help your country; help RB and help the Post. otherwise you will remain a sad excuse of a human being.

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  56. 57 flag Simon

    Patriot – Let us suppose that the alleged s.e.x.ual preference of Membe was a fact, does this justify perversion of the rule of law by effectively gagging and stiffling journalistic opinions? For some of us who are ignorant, please enlighten on the connection with Mukelabai. Chiluwe was once my neighbour and i know the 2nd republic g.vt really messed him up both mentally and financially. You are not implying we should tolerate this in a democratic system are you?

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  57. 58 flag msana wanzili

    #54 Miss Pretty
    I can even imagine how you look, you probably one of the who.res that advertise their bits on free porn sites. what a piece of trash.

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  58. 59 flag Joze

    Bagwila Nyama!
    This time i’m sure someone is even making sweet love to his bahind lol

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  59. 60 flag Patriot

    Simon,

    Democracy does not offer itself as a caveat of treason, subversion of the law, insults, hatred, sodomy and mercenary.I would refer you to the US and the 5th column, Edger Hoover and socialist moles in the USA besides many cases such as Hamdi v. Rumsfeld, 542 U.S. 507 (2004) in classic U.S. Supreme Court decision reversing the dismissal of a habeas corpus petition brought on behalf of Yaser Esam Hamdi, a U.S. citizen being detained indefinitely as an “illegal enemy combatant.” The Court recognized the power of the government to detain unlawful combatants.

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  60. 61 flag Mad - Life

    I pray that one day Zambia will hav civil WAR, with 5 million pipo died then well th citizens of Zambia open there eyes nd c…. Most pipo commentin against Fred r pipo who don’t know how th affairs of our country r currently running … F******k o yo and u ran away from Zambia coz u failed to make in Zambia… when u die in th UK, US u start lookin 4 contribution 2 transport yo bodies back home as cargo. :d

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  61. 62 flag Infidels baghdad Zulu

    A witch hunt indeed. What can I say?

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  62. 63 flag Patriot

    Joze,

    You are talking yakumbuyo, that is what he does every day with those scandinavians, William Harrington and Amos Malupenga who has since abandoned his wife and kids of many years fo h.o.m.o.s.e.x.u.a.l.i.t.y.

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  63. 64 flag Given Lubinda

    The government is afraid of Mmembe, ni shimbi

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  64. 65 flag Simon

    Patriot # 60, ypu refer to “…….treason, subversion of the law, insults, hatred, sodomy and mercenary”. Which of these is Membe factually guilty of to warrant his punishment? And is the punishment befitting the crime? If we are going to go by legal precedence let us get cases closer to home such as Kavindele contempt case as well as Mulongoti. The truth of the matter is that the current government is very draconian and they threaten to hijack what we have fought to establish in the last 19 yrs. The only consolation is that they will reap what they sow.

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  65. 66 flag Given Lubinda

    Fred don’t despair, we are with you in spirit.^:)^

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  66. 67 flag RECYCLED POLITICIAN

    #33 Simon, I am sorry you have really lost your marbles. Zambia is an open and free country not compared to the hoodlums you mention in your post. To prove it, remember that the Government lost the case of Chansa Kabwela in tha same courts. The Government accepted defeat and refused to appeal. Fred Mmembe and all of you were delighted. As a believer in the rule of law I was also delighted. Mmembe was cited by prosecutors for trying to undermine the trial that was taking place. He has been convicted in a free and fair trial where he was free to question his accusers. The ignorance that many of you show is what will kill Zambia. If you only support press freedom and a Judiciary controlled by Mmembe what will DO when Mmembe starts to scandalise YOU. Let Judiciary do it job please.

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  67. 68 flag Patriot

    Simon,

    Debate me with your thesis that democracy is a catercism of lawlessness and subversion of the constitutional justice systems.

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  68. 69 flag Mo taim

    Uku ekwangala ukushipwa ! Jokers pa zed:-?

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  69. 70 flag Simon

    67 RECYCLED POLITICIAN says:”Simon, I am sorry you have really lost your marbles” You are entitled to your opinion – and you know what they say about opinions. If you think that Zambia is a free and open society then either your standards are very low, or it is you Sir, who have lost your marbles.

    @68 Patriot – Do you know how the police or other law enforement agencies use profilers. People unwittingly always send the message they want to even when they dont consciously intend to . Lets take an example, what do these words tell you – Veteran, Patriot, Senior Citizen? Think about their meanings and what message or impression they send about the user. Address the legal precedents i cited and do not debate democracy of which you do not even understand.

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  70. 71 flag Patriot

    Simon,

    In this sober judgement your Mmembe was wittingly subverting the law and justice system with assumption that what is legally appropriate is his opinion only and the justice should be put in contempt by the public.Your humble and narrow understanding is a clear and present danger to your prospects in public life. Nowhere does democracy and the law become subservient to the impunity of citizens. Your friend’s nefarious acts were intentionary aimed at furthering his constitutional dream of hegemony as a nihilist.It is the mandate of the law to preserve constitutionality and judicial harmony in the country.

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  71. 72 flag RECYCLED POLITICIAN

    #51, I really respect your reasoned arguments and I am also not for imprisoning people. However, do not create the false impression that Zambia is a police state. There are about 70 embassies in Zambia, if any of them felt that Mmembe had an unjust trial, they would have spoken up. The fact is that since Rupiah was nominated as candidate by the MMD in September 2008, Mmembe has writen insults, accusations, innuendos and all kinds of diatribes against Rupiah Banda and no one has done anything to him. This is the way every open society behaves. You get it wrong when you suggest that Fed should be free to break the law because he is Anti-Rupiah Banda. This can not be right. Every one has to be subject to the law including Mmembe.

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  72. 73 flag zedian

    am wondering if most jackasses on this blog who think that fred deserves to be punished have even read the 7 grounds of appeal advanced by fred’s lawyers. you guys lets try to be objective. Kavindele was cited for contempt of court and so was Mulongoti, was any of them imprisoned? NO, why fred? and the judge erred in law on many grounds. for example he assumed that although fred was on leave at time when the article was written he could still issue directives using technology. that was pure assumption. how can you convict someone based on assumptions. what is happening to fred may happen to u or even me tomorrow if we dont stop it,therefore i would love to urge everyone here to be objective and look beyond political lines.

    wish u all the best

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  73. 74 flag Simon

    Patriot, with respect, i think lets agree to disagree

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  74. 75 flag Wapya munzi-2011

    NO ONE I MEAN NO ONE IS ABOVE THE LAW. WHATEVER ONE IS MADE OF THERE ARE LIMITS WHY SHOULD ONE PERSON UNDERMINE EVERYONE, EVERY INSTTUTION NO ITS TOO MUCH. VIVA JUDICIARY LET THE MATER GO TO THE HIGH AND THEY ADD MORE YEARS.

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  75. 76 flag Patriot

    Simon,

    I understand democracy better than you because i have lived more than you can imagine in the heart of the USA unless you have a better model. Out of interest in Graduate school i expanded myself academically to be a scholar of the same democracy school. I wish you could see my desertation.I have enough years of political systems and PEs you can think about. So let just debate on your thesis that democracy is synonymous with constitutional anarchy.

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  76. 77 flag umb

    Dont worry.You will come out strong.

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  77. 78 flag umb

    Remember you have crossed tougher barriers. They jail you over telling the truth. Some ***** wanted to kill somebody and he is still on the loose. PaZED???

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  78. 79 flag RECYCLED POLITICIAN

    I know that freedom, liberty and happiness are the most paramount pursuits and that is why the most important role of the Constitution and the courts is the protect citizens from each other and from the tyranny of the state. The courts can not play this role unless they are free. They can not be free unless the rules and procedres of the due process are respected. Fred Mmembe broke the rules and no one is disputing this fact. The sentence is within the limits prescribed. This is also not disputed. Fred has appealed. This is his right under the law. So, can some one kindly tell me what is wrong or dictatorial about this process? How does Rupiah Banda come in.

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  79. 80 flag Patriot

    Simon,

    In your idealistic fallacies, even the acts of pro Rwandese genocidiers Interahamwes and the Impuzamugambi’s subversive hate crusade using the media same as this g.a.y partner of yours is democratic and protected freedom.You are too structured in your idealism of limited reason. No different from Rwanda where like what this mercenary tabloid has been doing the 1994 genocide in Rwanda provides a telling case study of two quite separate roles for tabloids in a politics and conflict situation. The reckless strategy of your partner is to subvert the executive, judiciary legislature and defense and security which he has been insulting, slandering and framing up but in vain. He has been abusing their respect for freedom and tolerance. Hope you clearly know that he is not immortal.

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  80. 81 flag Red Card- Beyonce wapa Zed

    Patriot and Josef You guys are some bacward Punks, you’re so full of s.h.i.t.:-&

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  81. 82 flag Miss Pretty

    my 58 I m the one at the lastest porn site you visited.

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  82. 83 flag Patriot

    PF cadres here,

    In your idealistic fallacies, even the acts of pro Rwandese genocidiers Interahamwes and the Impuzamugambi’s subversive hate crusade using the media same as this g.a.y partner of yours is democratic and part of protected freedom. With such confusion I can only say you are too structured in your idealism of limited reason.

    No different from Rwanda, what this mercenary tabloid has been doing in my country, and the 1994 genocide in Rwanda provides a telling case study of two quite separate roles for mischievous mercenary tabloids in politics and conflict situations.

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  83. 84 flag Patriot

    I wish you could see that the reckless coercive strategy of your partner is to subvert the executive, judiciary legislature, defense and security that he has been insulting, slandering and framing up with impunity but in vain. He has been abusing their respect for freedom and tolerance. Hope you clearly know that he is not immortal though saved by a Zambian culture of tolerance and fear for God. Today there is no President that has been insulted more than RB who gives deafening ear even he has overwhelming ability to choke impunity.

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  84. 85 flag Patriot

    Certainly KK, FJT or indeed Mwanawasa wouldn’t have condoned this impunity. Check what George Mpombo was firing then to Sata. It was ever warning of treason which is not the cae with the RB administration.

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  85. 86 flag Zingilila uku tikumane

    **==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==Zambia is stinking**==**==**==**==**==**==**==**== **==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==**==

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  86. 87 flag Patriot

    The orphaned Children, widowed wife and indeed the b.l.o.o.d of Mukelabai Mukelabai framed up and murdered in cold blood is upon Mmembe and Mtembo Nchito. It is now calling back its innocence aloud. Some cursing plague and locusts will forever follow this g.a.y to calvary into his grave.

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  87. 88 flag LONDON

    Ladies and gentlemen the only way forward change of government no matter what we write here these people will never hear nor read we have brought bach UNIP in to power accept it every thing we fought for in 1991 has been thrown away let us go on the ground and work for the next elections before Zambia turns in to another Zimbambwe.

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  88. 89 flag Reality Check

    I do not understand where that lawyer gets the perception that press freedom is synonymous with the post news paper. There is always a civil way of doing things. Civility is non existent in Mmembes world. I am though aware that upbringing plays an important role in shaping ones behavior. I believe that is the space I need to respect about Mmembe. My concern is that characters like this either deliberately or unconciously begin to create a culture that will take very long to exterminate.He has helped to create a culture of comfrontation and disregard for other people views.Today a Zambian feel their point is only heard when they insult or use bad language.Am I happy he is going to prison NO. I am sad his training as a lawyer has not helped to shape up an ethical person.Hope he learns.

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  89. 90 flag Tired but no hope

    LONDON,

    Without a voting right on you and alternative Government in waiting to win the confidance of a national wide voter other than regional, the insulting menu of those rubble rousers daily insulting RB is nothing but a goose chase in vanity. Ask them after being rejected in 2008 when did they ever go back to voters around the country? They will do so only in the voting month for 1 hour. They are not articulating anything but preoccupied insulting RB whose name and work in on news bulletine 24/7, he canvasses the country, has DC around the country in every corner, every GRZ project is sold out as RB at work, billions are flowing in most rural areas where GRZ is putting up schools, clinics and roads propagated as RB when its Govt. The terrain is imbalanced.Keep praying and hoping.

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  90. 91 flag Just saying the truth

    **==**==**==
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    GRZ, leadership without integrity. time to retire, mwe fi pondo

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  91. 92 flag London

    No.90 i do agree with you 100% i may have no right to vote but i do feel for my relatives who are in Zambia.

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  92. 93 flag RECYCLED POLITICIAN

    #88 LONDON, I respect your right to campaign for an alternative Government. That is the right of every Zambian. However, I wish to inform you that it was Sata who wanted Mugabe to be guest of honour at his swearing in ceremony. Mr. Sata’s party also has the same name as Mugabe’s ZANU – PF. I assure you, you are likely to get to the Zimbabwe situation faster under Sata rather than under Rupiah Banda. Under RB the economy is growing at 7% and the country has had the biggest harvest ever. However you are at liberty to hate Rupiah Banda. This is a free country.

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  93. 94 flag uda

    Viva M’membe
    Remember you have crossed tougher barriers. They jail you over telling the truth. Some .i.d.i.o.t minister who shot a simple villager is still on the loose. PaZED at paliba justice?. Kwangala sana.:((:)>-

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  94. 95 flag Pano Pa Zed

    Post are only doing their job. There was nothing porngraphic about those photos. If the government is going to treat such material as porn, then they should go and remove all those anatomy books from the libraries across Zambia.

    There are men today in Zambia, who are married to women younger than themselves, does this mean they are branded paeophiles???

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  95. 96 flag Pano Pa Zed

    Can Zambian leaders define pornography?

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  96. 97 flag JEFF MWANZA

    I have always admired the courage and resilience of the Post Editor. M’membe I will always applaud your honesty and of what you are. The governance system in Zambia has been repugnant for such a long time now. God save Zambia.

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  97. 98 flag BaZaona

    #61 Bauze boi. All those claiming that they know democracy by blindly insulting Fred are just full of c.r.a.p. Imwe pa Patriot when did you graduate – you are just too full of yourself for nothing. You are just selling your ka body for money there in the USA, you think we dont know? You seem to be well acquainted with gay activities. People in Zambia are far better off than you who got a green card thru marriage of convenience. Talk sense man your claims of best dissertations is not impressive, you aint the only one, or first or even the last one to graduate – a graduate from UNZA/CBU is quality than imwe na degrees you attain by sleeping with your professors. Viva Fred the next minister of Information and Broadcasting in Zambia.

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  98. 99 flag on the ground

    95 are you sure that you know what you are talking about? Kabwela was acquitted of pornography, here we are talking contempt of court by mmembe, totallyu different matters.

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  99. 100 flag on the ground

    Mr Tom Rhodes, this is not Rhodesia. Please respect our judiciary, unless you are suggesting that the law should not apply to journalists. And while you are at it please leave our dear president out of this, you gloating white f.o.ol., i.di.o.t!

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  100. 101 flag Ethics

    CALL ZAMBIA STATE HOUSE AT +260-211-260317/26 AND DEMAND THAT PRESIDENT BANDA MUST IMMEDIATELY AND UNCONDITIONALLY INSTRUCT POLICE TO RELEASE ZAMBIA’S POSTNEWSPAPER EDITOR FRED M’MEMBE FROM JAIL NOW.

    – FOR ZAMBIANS LIVING OUTSIDE: CALL ZAMBIANS AMBASSADOR OR HIGH COMMISSIONER.
    DEMAND THAT POST EDITOR FRED M’MEMBE MUST BE RELEASED FROM JAIL AND AS ZAMBIAN IN DIASPORA YOU ARE DISAPPOINTED WITH MMD GOVERNMENT BRUTAL ATTACKS AGAINST FREE SPEECH AND INDEPENDENT MEDIA.

    – CALL ZAMBIA POLICE COMMISSIONER AND PRISONS AND DEMAND THAT ANY BRUTALITY AGAINST INNOCENT FRED M’MEMBE WHILE IN JAIL WILL BE INVESTIGATED AND PROSECUTED IN FUTURE. HE WILL BE HELD ACCOUNTABLE.

    source zambianunion dot blogspot dot com

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  101. 102 flag Fine!

    Hei guys.
    The courts are supposed to be fair to all Zambians.
    Wrong is wrong whether done by a street kid, minister, or M’membe.
    If M’membe goes against the law in the name of media freedom shall he not be punished because he has many noise makers around him?
    By no means! No one is above the law, for we are all Zambians under the same law.
    Is this the first contempt case to be handled by the zambian courts? No!
    Is M’membe the first to be sentensed for contempt? No!
    Then where, please make me understand, is the noise coming from?
    Are the people crying foul not doing so in the name of ‘fairness’? Yes!
    But that their perceived fairness only apply to the rich and famous?

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  102. 103 flag Fine!

    It appears people have no understanding; let me enlighten some today:
    The blood flowing through M’membe is the same as that flowing through a street kid in dirt rags; the same as that flowing through the person you call kaponya.
    After all we are all people made by the same God Amighty breathing the same air; this same air in one minute is the chest of a street kid, and the other minute it is in M’membe’s chest, then back to kaponya in dirty clothes and later in the president’s mouth.
    No one is more superior, and our fame will not change the life in us.
    Therefore if people really wanted to be seeing fairness in our society, they should have been crying foul everyday for the street kid, the kaponya, and all the vulnerable who are jailed evryday, some for cases they did not even…

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  103. 104 flag Fine!

    Viva fair Zambia. Law must apply to everyone equally without partiality.
    Who made M’membe more of a human being than a street kid. M’membe is the same as me, and I am the same as a street kid in dirty rags. We are equal; Viva courts of Law!

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  104. 105 flag Campus Monk

    wait for 2011and see the new broom with anew whip and how many will cry for injustice and crimes! The Monks at UNZA are watching you folks! Time has come! (I am late for the Kalingalinga watering hole)

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