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M’membe handed four months jail term

Time Posted: June 4, 2010 2:33 pm

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. vote
    flag Ghostrider says: Ghostrider
    June 4, 2010 at 2:46 pm |

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

    Reply
  2. vote
    flag Mangelepa says: Mangelepa
    June 4, 2010 at 2:47 pm |

    Boma ni boma8-|8-|

    Reply
  3. vote
    flag Chapanswa says: Chapanswa
    June 4, 2010 at 2:49 pm |

    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.

    Reply
  4. vote
    flag Red Card Smoothcriminal says: Red Card Smoothcriminal
    June 4, 2010 at 2:49 pm |

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

    Reply
  5. vote
    flag Neutral In all This says: Neutral In all This
    June 4, 2010 at 2:50 pm |

    deleted after 5 complaints

    Reply
  6. vote
    flag Muntuza says: Muntuza
    June 4, 2010 at 2:50 pm |

    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!

    Reply
  7. vote
    flag princess says: princess
    June 4, 2010 at 2:54 pm |

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

    Reply
  8. vote
    flag Chapanswa says: Chapanswa
    June 4, 2010 at 2:55 pm |

    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,…

    Reply
  9. vote
    flag Jaha Laku Kanele says: Jaha Laku Kanele
    June 4, 2010 at 2:57 pm |

    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

    Reply
  10. vote
    flag MozyP says: MozyP
    June 4, 2010 at 2:59 pm |

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

    Reply
  11. vote
    flag Princess says: Princess
    June 4, 2010 at 3:00 pm |

    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.

    Reply
  12. vote
    flag Deja Vu says: Deja Vu
    June 4, 2010 at 3:02 pm |

    Desperate MMD. Jail is waiting 4 you come 2011.

    Reply
  13. vote
    flag killmequick says: killmequick
    June 4, 2010 at 3:03 pm |

    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.

    Reply
  14. vote
    flag SPEAKING TIME says: SPEAKING TIME
    June 4, 2010 at 3:04 pm |

    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

    Reply
  15. vote
    flag Dudu says: Dudu
    June 4, 2010 at 3:06 pm |

    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.

    Reply
  16. vote
    flag Chinese Eyes says: Chinese Eyes
    June 4, 2010 at 3:10 pm |

    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.

    Reply
  17. vote
    flag Zodie Dube says: Zodie Dube
    June 4, 2010 at 3:12 pm |

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

    Reply
  18. vote
    flag Life Maker says: Life Maker
    June 4, 2010 at 3:13 pm |

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

    Reply
  19. vote
    flag GM says: GM
    June 4, 2010 at 3:14 pm |

    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

    Reply
  20. vote
    flag Fred's bum shorts says: Fred's bum shorts
    June 4, 2010 at 3:20 pm |

    deleted after 5 complaints

    Reply
  21. vote
    flag GM says: GM
    June 4, 2010 at 3:20 pm |

    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

    Reply
  22. vote
    flag Wanzelu says: Wanzelu
    June 4, 2010 at 3:23 pm |

    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 :-??:-??:-??:-??:-??

    Reply
  23. vote
    flag Rodgers Chongwe says: Rodgers Chongwe
    June 4, 2010 at 3:24 pm |

    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

    Reply
  24. vote
    flag chongololo says: chongololo
    June 4, 2010 at 3:29 pm |

    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!

    Reply
  25. vote
    flag Kayz says: Kayz
    June 4, 2010 at 3:33 pm |

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

    Reply
  26. vote
    flag Mangelepa says: Mangelepa
    June 4, 2010 at 3:36 pm |

    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

    Reply
  27. vote
    flag ndendo says: ndendo
    June 4, 2010 at 3:36 pm |

    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

    Reply
  28. vote
    flag NAPAPA SANA!!!!!! says: NAPAPA SANA!!!!!!
    June 4, 2010 at 3:43 pm |

    # 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!!!!!!!!

    Reply
  29. vote
    flag One True One says: One True One
    June 4, 2010 at 3:49 pm |

    MMD Govt at its level best.

    Reply
  30. vote
    flag REAL PEOPLE says: REAL PEOPLE
    June 4, 2010 at 3:51 pm |

    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:-?

    Reply
  31. vote
    flag sum guy says: sum guy
    June 4, 2010 at 4:02 pm |

    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!

    Reply
  32. vote
    flag WAKE UP ZAMBIA says: WAKE UP ZAMBIA
    June 4, 2010 at 4:03 pm |

    # 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

    Reply
  33. vote
    flag Simon says: Simon
    June 4, 2010 at 4:04 pm |

    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………………………….’

    Reply
  34. vote
    flag John P says: John P
    June 4, 2010 at 4:04 pm |

    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

    Reply
  35. vote
    flag SPEAKING TIME says: SPEAKING TIME
    June 4, 2010 at 4:05 pm |

    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

    Reply
  36. vote
    flag John P says: John P
    June 4, 2010 at 4:12 pm |

    # 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

    Reply
  37. vote
    flag WAKE UP ZAMBIA says: WAKE UP ZAMBIA
    June 4, 2010 at 4:13 pm |

    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

    Reply
  38. vote
    flag Kambongolo says: Kambongolo
    June 4, 2010 at 4:16 pm |

    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.

    Reply
  39. vote
    flag WAKE UP ZAMBIA says: WAKE UP ZAMBIA
    June 4, 2010 at 4:20 pm |

    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.

    Reply
  40. vote
    flag Voice of the Poor >Psalms82:1-8 / Proverb 31:8-9 says: Voice of the Poor >Psalms82:1-8 / Proverb 31:8-9
    June 4, 2010 at 4:22 pm |

    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.

    Reply
  41. vote
    flag WAKE UP ZAMBIA says: WAKE UP ZAMBIA
    June 4, 2010 at 4:23 pm |

    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)

    Reply
  42. vote
    flag WAKE UP ZAMBIA says: WAKE UP ZAMBIA
    June 4, 2010 at 4:27 pm |

    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

    Reply
  43. vote
    flag WAKE UP ZAMBIA says: WAKE UP ZAMBIA
    June 4, 2010 at 4:29 pm |

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

    Reply
  44. vote
    flag Patriot says: Patriot
    June 4, 2010 at 4:30 pm |

    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.

    Reply
  45. vote
    flag WAKE UP ZAMBIA says: WAKE UP ZAMBIA
    June 4, 2010 at 4:30 pm |

    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

    Reply
  46. vote
    flag Patriot says: Patriot
    June 4, 2010 at 4:39 pm |

    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?

    Reply
  47. vote
    flag TRUE ZAMBIAN says: TRUE ZAMBIAN
    June 4, 2010 at 4:40 pm |

    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

    Reply
  48. vote
    flag Voice of the Poor >Psalms82:1-8 / Proverb 31:8-9 says: Voice of the Poor >Psalms82:1-8 / Proverb 31:8-9
    June 4, 2010 at 4:41 pm |

    Bravo work up zambia
    That is thinking wise!!!

    Reply
  49. vote
    flag Josef P says: Josef P
    June 4, 2010 at 4:49 pm |

    Mmembe believes is even above the president.

    Reply
  50. vote
    flag Inge says: Inge
    June 4, 2010 at 4:51 pm |

    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.

    Reply
  51. vote
    flag Inge says: Inge
    June 4, 2010 at 4:52 pm |

    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.

    Reply
  52. vote
    flag Storm says: Storm
    June 4, 2010 at 4:53 pm |

    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.

    Reply
  53. vote
    flag The Legacy says: The Legacy
    June 4, 2010 at 4:53 pm |

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

    Reply
  54. vote
    flag Miss Pretty says: Miss Pretty
    June 4, 2010 at 4:54 pm |

    deleted after 5 complaints

    Reply
  55. vote
    flag Voice of the Poor >Psalms82:1-8 / Proverb 31:8-9 says: Voice of the Poor >Psalms82:1-8 / Proverb 31:8-9
    June 4, 2010 at 4:57 pm |

    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

    Reply
  56. vote
    flag Mick says: Mick
    June 4, 2010 at 5:04 pm |

    # 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.

    Reply
  57. vote
    flag Simon says: Simon
    June 4, 2010 at 5:08 pm |

    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?

    Reply
  58. vote
    flag msana wanzili says: msana wanzili
    June 4, 2010 at 5:13 pm |

    #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.

    Reply
  59. vote
    flag Joze says: Joze
    June 4, 2010 at 5:20 pm |

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

    Reply
  60. vote
    flag Patriot says: Patriot
    June 4, 2010 at 5:21 pm |

    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.

    Reply
  61. vote
    flag Mad - Life says: Mad - Life
    June 4, 2010 at 5:24 pm |

    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

    Reply
  62. vote
    flag Infidels baghdad Zulu says: Infidels baghdad Zulu
    June 4, 2010 at 5:24 pm |

    A witch hunt indeed. What can I say?

    Reply
  63. vote
    flag Patriot says: Patriot
    June 4, 2010 at 5:24 pm |

    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.

    Reply
  64. vote
    flag Given Lubinda says: Given Lubinda
    June 4, 2010 at 5:27 pm |

    The government is afraid of Mmembe, ni shimbi

    Reply
  65. vote
    flag Simon says: Simon
    June 4, 2010 at 5:29 pm |

    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.

    Reply
  66. vote
    flag Given Lubinda says: Given Lubinda
    June 4, 2010 at 5:34 pm |

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

    Reply
  67. vote
    flag RECYCLED POLITICIAN says: RECYCLED POLITICIAN
    June 4, 2010 at 5:35 pm |

    #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.

    Reply
  68. vote
    flag Patriot says: Patriot
    June 4, 2010 at 5:40 pm |

    Simon,

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

    Reply
  69. vote
    flag Mo taim says: Mo taim
    June 4, 2010 at 5:41 pm |

    Uku ekwangala ukushipwa ! Jokers pa zed:-?

    Reply
  70. vote
    flag Simon says: Simon
    June 4, 2010 at 5:49 pm |

    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.

    Reply
  71. vote
    flag Patriot says: Patriot
    June 4, 2010 at 5:52 pm |

    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.

    Reply
  72. vote
    flag RECYCLED POLITICIAN says: RECYCLED POLITICIAN
    June 4, 2010 at 5:52 pm |

    #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.

    Reply
  73. vote
    flag zedian says: zedian
    June 4, 2010 at 5:55 pm |

    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

    Reply
  74. vote
    flag Simon says: Simon
    June 4, 2010 at 5:59 pm |

    Patriot, with respect, i think lets agree to disagree

    Reply
  75. vote
    flag Wapya munzi-2011 says: Wapya munzi-2011
    June 4, 2010 at 6:00 pm |

    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.

    Reply
  76. vote
    flag Patriot says: Patriot
    June 4, 2010 at 6:01 pm |

    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.

    Reply
  77. vote
    flag umb says: umb
    June 4, 2010 at 6:02 pm |

    Dont worry.You will come out strong.

    Reply
  78. vote
    flag umb says: umb
    June 4, 2010 at 6:04 pm |

    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???

    Reply
  79. vote
    flag RECYCLED POLITICIAN says: RECYCLED POLITICIAN
    June 4, 2010 at 6:11 pm |

    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.

    Reply
  80. vote
    flag Patriot says: Patriot
    June 4, 2010 at 6:21 pm |

    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.

    Reply
  81. vote
    flag Red Card- Beyonce wapa Zed says: Red Card- Beyonce wapa Zed
    June 4, 2010 at 6:23 pm |

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

    Reply
  82. vote
    flag Miss Pretty says: Miss Pretty
    June 4, 2010 at 6:30 pm |

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

    Reply
  83. vote
    flag Patriot says: Patriot
    June 4, 2010 at 6:39 pm |

    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.

    Reply
  84. vote
    flag Patriot says: Patriot
    June 4, 2010 at 6:40 pm |

    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.

    Reply
  85. vote
    flag Patriot says: Patriot
    June 4, 2010 at 6:41 pm |

    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.

    Reply
  86. vote
    flag Zingilila uku tikumane says: Zingilila uku tikumane
    June 4, 2010 at 6:42 pm |

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

    Reply
  87. vote
    flag Patriot says: Patriot
    June 4, 2010 at 6:48 pm |

    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.

    Reply
  88. vote
    flag LONDON says: LONDON
    June 4, 2010 at 7:10 pm |

    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.

    Reply
  89. vote
    flag Reality Check says: Reality Check
    June 4, 2010 at 7:10 pm |

    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.

    Reply
  90. vote
    flag Tired but no hope says: Tired but no hope
    June 4, 2010 at 7:32 pm |

    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.

    Reply
  91. vote
    flag Just saying the truth says: Just saying the truth
    June 4, 2010 at 7:36 pm |

    **==**==**==
    **==
    **==**==**==
    **==
    **==
    **==

    **== **==
    **== **==
    **== **==
    **==**==**==

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

    Reply
  92. vote
    flag London says: London
    June 4, 2010 at 8:03 pm |

    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.

    Reply
  93. vote
    flag RECYCLED POLITICIAN says: RECYCLED POLITICIAN
    June 4, 2010 at 9:27 pm |

    #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.

    Reply
  94. vote
    flag uda says: uda
    June 4, 2010 at 9:33 pm |

    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.:((:)>-

    Reply
  95. vote
    flag Pano Pa Zed says: Pano Pa Zed
    June 4, 2010 at 10:12 pm |

    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???

    Reply
  96. vote
    flag Pano Pa Zed says: Pano Pa Zed
    June 4, 2010 at 10:13 pm |

    Can Zambian leaders define pornography?

    Reply
  97. vote
    flag JEFF MWANZA says: JEFF MWANZA
    June 5, 2010 at 2:11 am |

    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.

    Reply
  98. vote
    flag BaZaona says: BaZaona
    June 5, 2010 at 2:31 am |

    #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.

    Reply
  99. vote
    flag on the ground says: on the ground
    June 5, 2010 at 5:10 pm |

    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.

    Reply
  100. vote
    flag on the ground says: on the ground
    June 5, 2010 at 5:15 pm |

    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!

    Reply
  101. vote
    flag Ethics says: Ethics
    June 5, 2010 at 7:10 pm |

    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

    Reply
  102. vote
    flag Fine! says: Fine!
    June 6, 2010 at 10:09 am |

    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?

    Reply
  103. vote
    flag Fine! says: Fine!
    June 6, 2010 at 10:10 am |

    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…

    Reply
  104. vote
    flag Fine! says: Fine!
    June 6, 2010 at 10:11 am |

    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!

    Reply
  105. vote
    flag Campus Monk says: Campus Monk
    June 9, 2010 at 6:20 pm |

    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)

    Reply

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