Wednesday, April 24, 2024

Two arrested journalists likely to be charged with defamation of President Michael Sata-MISA

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President Sata with First Lady when they arrived at this afternoon
President Sata with First Lady

Two journalists, Clayson Hamasaka and Thomas Zgambo, who are currently in police confinement are likely to be charged with defaming Zambian president, Michael Sata.

The pair has been in separate police confinement since the early hours of Tuesday, 9 July 2013 after a raid on their houses, which also resulted in the confiscation of personal computers and other digital equipment. They are suspected of running or being part of the Zambian Watchdog, an online website that largely provides news services on Zambia.

The website is seen as critical to the ruling party, Patriotic Front (PF), and has come under a series of verbal attacks from party sympathisers of late. The website has also reported suspected denial of service attempts in recent weeks.

A news report broadcast on the state-run Zambia National Broadcasting Corporation (ZNBC) Wednesday afternoon (13:15hrs CAT) said the journalists were being held by police in connection with defaming the president. No formal charges have been laid against them as yet.

If the charge is brought forward, it will most likely be under Section 69 of the Penal Code, which is vague on what constitutes a defamatory offence. Zambian law criminalises defamation of a sitting president. The maximum penalty under the law is three (3) years and there’s also a provision for fine.

The Zambia Chapter of the Media Institute of Southern Africa (MISA-Zambia) has condemned the arrest of the journalists and has called for their immediate release from police custody.

In a statement released on Tuesday, 9 July 2013, MISA-Zambia said the detention of the pair was a violation of their rights. “This act is a clear abuse of the rights of the two journalists. According to Zambian law, a person should be arrested, formally charged and then taken to a competent court of law, but this was not the case for the two,” the statement said.

Other civil society organisations in Zambia have also called for the release of the journalists.

MISA’s Programme Specialist for Media Freedom Monitoring & Research, Levi Kabwato, has described recent developments in Zambia as ‘deeply worrying’.

“Through our monitoring work, we have recorded a significant number of media freedom violations in Zambia and we have also noted that democratic culture and practice in the country is under strain. This concerns us very much and is deeply worrying,” Kabwato said.

“We are particularly concerned about the threats to freedom of expression in Zambia, including free expression in cyberspace and we strongly urge the government of Zambia not to set a very bad precedent in light of these developments,” he added.

At the end of yesterday (Tuesday) both Hamasaka and Zgambo showed no signs of being beaten or physically tortured although they appeared deeply distressed. If they are not released today, both will be spending their second night in police confinement.

[MISA-Zambia]

79 COMMENTS

    • @saulosi
      Read to understand…Lt has problem here that are just reporting as it is…here is quote from the article above,,,` A news report broadcast on the state-run Zambia National Broadcasting Corporation (ZNBC) Wednesday afternoon (13:15hrs CAT) said the journalists were being held by police in connection with defaming the president. No formal charges have been laid against them as yet.“

      and there other source is MISA-Zambia…

      Going by the article if this is what is going to turn out to be then its laughable

    • We have no problem if the Watch dog stopped their malicious lies and speculation concocted and predicated on hatred

      They complain of been blocked when they incessantly block bloggers with dissenting views. The only bloggers allowed are those that support their parochial views, those that insult govt with impunity.

      They are always attacking the Post newspaper when the post never say anything about them. Its like they have a death wish!

      What has MISA done about all these? Absolutely nothing! Then let the law take its course.

      They just have to stop feeding their tribal and gullible followers dog sh*t

    • @Aromatic
      Balance your aromatic statement (not with Aldehyde) by calling for balanced and fair reporting to ALL media houses ..starting with the post newspaper to the smallest publication in the country,, online or otherwise…..Dont victimise some and leave out others

    • “They complain of been blocked when they incessantly block bloggers with dissenting views. The only bloggers allowed are those that support their parochial views, those that insult govt with impunity.”

      I only get through to their website when I couch my posts with ‘user friendly’ language they approve. These people are unZambian. If you could lick their hearts you would be poisoned. They are a bunch of hateful people under the guise of journalism.

    • I’m surprised that people experience this on ZWD.
      As far as I see, the insulting language flung around, is between bloggers of opposing views – with a good measure directed at government.

      Regardless, I will forever champion Press Freedom.

      Just an idea- Why don’t pro- government bloggers create their own publication instead of just reacting to ZWD? It seems the Post publication is not good enough.

  1. MISA when ZWD is defaminng people you keep quiet. It is not just PF but anybody related to Mr Sata who has been the target of ZWD. Do you ever stop to think that these people also need to be afforded the same rights you are now advocating for?

    • So to you the term family forest, or that sata went to India for medication constitutes defarmation…patronage at its waste!

    • Who have they defamed? Sata is a dictator, An ailing one and has no plans or the remotest of interest in the well being of the Zambian people. What is defamatory about exposing that? He is persecuting RB and harassing any opposition voices, he is tribal and ignores the very constitution he swore to uphold. Court orders don’t mean anything to him and his Govt and now he wants to criminalise gallant men for exposing him for what he is. I call them gallant, because they are the only people speaking out for the millions of Zambians who want sanity, democracy and the rule of law to prevail.

  2. Damn it! Even the First Lady wears false hair on her head. What is wrong with people?

    • Oh, even Michelle Obama does, almost all black women do, but do not ridicule them for it, they look good in it.

    • I know that MO wears a weave too. It’s just a personal peeve of mine. Unless you are on stage, there’s no need.

      I especially hate the more sleekly European-like styles.

      We still think Caucasian is better.

    • michelle obama does not wear plastic hair like a kaseba.. michelle obama has straight hair…she is a mix(red indian blood and african blood), she is not black malasha

    • People this day and age you are talking of fake hair? let me educate you on this topic whilst fuming because you only speak of “black women”.
      First of all, all women especially white and black, wear fake hair, am one of them and proud to say so. White women wear extentions which people who never closely associate with them have no clue, the blondies yayayayya, you wont even notice, i buy with them, go to the salon with them, especially in Holland, belgium and france, it’s not even hidden cos they ask any black gal to show them which salon makes goed extention because with white salons just braiding it cost some thing from 700 euros to 5000 euros, as for black salons its just a ka 50euros or 70 euros and you come out looking sharp better than the 3zeros or more.

    • Secondly, celebrities all over, enjoy this so called fake hair whilst you guys are attacking us, you are busy admiring them you have no idea really i pity you, from head to tall it’s all fake, they paint their skin brown to look good, make up, eye lashes lips, all is fake, boobs, A*** including hips, you would be the first ones to admire them, yet you insult us over hair, ubuchushi lisambi sana, elo not being exposed is a curse! I could write an article about it you wouldnt believe, get education in everything dont just yap yap and let us the masters of ART and Beauty explore, stop exposing your ignorance here, even in the medeaval times they had extensions! Kwena muli batutu namba last!

    • Back to the issue at hand, i think this is just the beginning am afraid they will start hunting the blogers too, we will just hear ati so and so,has been extradited to Zambia for insulting the president! Caution: Blogers take heed you may be charged.

    • @Cindy
      The difference is White women wear extensions that mimic their real God-given hair. African hair is not even close to those dead-Korean people’s hair you stick to your head with glue. If you braid your hair, kool. Rock an Afro, kool. Even perm your hair is kool.
      Just my opinion of course.

      @ndobo
      Michelle had extensions when she changed her hair to bangs. She doesn’t always wear them. She looks perfect with her own hair.

    • @Cindy Don’t promote fima rubbish fi fake Brazilian, fi fake Indian hair on Afrikan women is a big turn off, how would you feel if your boyfriend wore a hat in the house all day and night. Brazilian hair looks sexy on Brazilian women and our sisters look beautiful and confident with their own natural hair.

    • Black mama, i get thats just your opnion, but then again aint we all not entitled to our own including how we want to look? If that be the case why then do we always react so hard with our own? White people are the most fake people i have ever come to know, but no one scream so loud only when it comes to blacks, worse off Africans, let my white gal friend put on a short to her bum, eyes will be turned singing Mmmmmmmmm, let me get in the same pants, eyes will glare, FIEOWWWWWWW, all am saying is, everyone is fake on this earth just as nothing is original, yes lets give those opnions but fairly, we can dig up all the things that are fake about us we shall never arrive such is life!
      As for my dude the pipos, just pretend your fingers are going through real hair, otherwise, enxtensions…

    • @Cindy
      Yeah, when it’s time to get cozy in the boudoir, dude can’t even run his hands through your hair. You can’t even scratch your scalp normally, you have to pat your head on the itchy spot.
      Dude suggests swimming, you can’t.
      A lot of trouble for hair that everyone knows is fake, if you ask me.

    • Hey Black speed Mama, i once heard from one wise man in Lusaka, We were busy beautifing our selves for more than an hour with extentions, he stood there for a minute looking at us deeply in thought, then he spoke, and i quote ” Beauty is slavery”.
      This is so true but this is the reality for us women, it is our curse, we have to endure all the cons that come with beauty, but we dont care as long as it makes us feel better inside, i think swimming is possible i do swim then blow dry my hair, i actually love to do it then watch the looks on their faces, “UNBELIEVABLE”!
      Ofcourse you can run your fingers through that hair yes with a bit of difficulty but it works, as for scratching you can use products to help lessen the itch or buy a thong like comb which go directly on the affected…

    • Ok Cindy, you’ve made your point.
      You’re right, we women enslave ourselves to what we percieve as beauty.

      To be honest, the hair thing just personally embarrasses me. I’m sure you look very nice Cindy, and I mean that. You’re happy and that’s what counts.

    • Black mama, thankx for the compliment i try, otherwise i have no quams with natural hair i go natural at times as well, was a goed debate just you and me, looking forward to more debating with you, you sound mature, take care.
      Cindy.

  3. So this means that the Zambian government cannot genuinely pinpoint employees of the ZWD? Lol!

    • ZWD is an illigal undertaking ,they have no right to insult our leadership day in day out.Which Govt can support an illegal entity to report evil ? ZWD is online blog created by enemies of the State.We know the post newspaper and its editors,where they operate from ,but who knows where the tambe mbwa online is…cage the chaps and let them reveal who is behind ZWD.Zambia is a Christian nation we don’t want ingulu in the name of ZWD to promote evil in the name of freedom expression.MISA don’t insult our intelligence we don’t want fake Journalism in our lovely country.Tell us who is behind ZWD ,their reporters ,is ZDA affiliated to any Media body organisation.They only promote hatred and you call that human rights !Why are they hiding ,are they spies…

  4. if you insult the queen in England you will be deported -a boy in England was last year banned from entering America for comments he wrote on facebook about Obama while drunk

    • Mwanawasa was called all sorts of names including “cabbage”. He knew his was bigger than his haters and he ignored them and did his work the best he could do and the results were shown.
      Now our Man of Action does not know what his is doing, but fighting with nonentities like ZWD.

      Sata has gone so shallow to be fighting ZWD. If he was bigger than them, he would have just ignored them, like then way Mwanawasa ignored the Post.

  5. His Excellency Mr Michael Chilufya Sata is the fifth President of the Republic of Zambia and Commander-In-Chief of the Defence Forces whether you like it or not until 2016. We gave him that mandate to lead our nation for 5 years. If you insult the president you are insulting every Zambian.

    • you should be damn scared of insulting,,, the whole zambian army will be despatched to your homes in the wee hours

    • Sata and his PF reacts to every little criticism not bcoz they’re strong,but its bcoz they’re weak.Folks who react like that are THIN SKINNED and therefore weak and they insult me by playin politics 24/7 instead of working to make zed a better place.

  6. As much as we condemn the act of the police MISA Should also remind their members to be professional and not abuse their rights by deferming others and wrongly inform or insight the public. such as the president is dead or has steped down, ukwa, *****s.

    • @Sansamukeni
      But it is Sata who has insulted the Zambian people and continues to rape the nation with impunity. Are you saying because he is the president, he is allowed to insult us while enjoying immunity from our responses? The ZWD speaks out for millions if not the majority of Zambians and such actions will only make them more popular. Release the journalists and advise your leaders to stop reading the ZWD if they don’t find it credible. Besides they have the Post, times and daily mail to keep them pleased. Every media outlet has its audience.

  7. If freedom of expression or freedom of the press means insulting people and leadership indiscriminately without giving recourse to the people targeted to challenge allegations, then sorry, if those guys were the editors behind the ZWD, it is not only the President they have defamed, a lot of ordinary Zambians whose families have been torn apart by lies and slander by the ZWD!!!

    The only question here is whether it is true that the two gentlemen are the people behind the ZWD, then all the trash that has come out of the ZWD will be leveled against them and am confident, defamation would definitely stick on them and few lessons will be learnt.

    Ask what is happening to Edward Snowden in the USA, if you want to assume that freedom of expression or freedom of the press is absolute…

    • That is what the courts are for. Unfortunately in Zambia the courts are compromised.

      Do not touch Freedom of speech. Anyone should be free to say anything. Again, there are laws to protect people against libel. Again, do not tamper with Freedom of Speech.

    • Long over due MISA can fly a kite.Where were you when the so called journalist ran amoke showing insults on our President. Boma naeve yasila manye osabakhatamo namanje They needed a welcome committee in police cells.

    • that’s a different story. Edward Snowden is a whistle blower who has exposed a scheme by the U.S to spy on it’s own citizens.

    • If you have any complaints about trash journalism, Fred M’membe is your man. How many times has Fred M’membe abused innocent people without giving them a chance to respond? He can even run editorials about one person for a whole month non stop with the intention of creating hatred.You hypocrites, when it suits you, you keep quiet but when people hit back you cry blue murder. Evil, scared little men! ZWD continue hitting them hard just like The trash Post Newspapwer does to its opponent

  8. Online papers are like cancer cells, the more you temper with them, the more they multiply…I have just discovered another one similar site to the ZWD.

    • In fact the world is moving towards online news publications,,,, the washington post is struggling to sell hard copies.. Can someone advise PF,,,and zambia has gone facebook crazy,,, online publications will be impossible to stop

  9. Ba high speed which freedom of speech are you talking about? when ZWD even blocks those that want to challenge their stories how can they say it is freedom of speech? let ZWD allow people to challenge there stories then we will be on the same level. For now as long as they write rubbish GRZ is right to sort them out

    • I am not aware of ZWD blocking any stories.
      My point is not pro-ZWD. My point is to protect freedom of speech and freedom of the media for all. If you yourself started an online publication today to refute ZWD stories, I would not want you shut down.

      Having said that, There are certainly consequences to what you publish – THROUGH THE COURTS.

    • @High speed black mama..
      freedom of expression in zambia is praising micheal sata like the post newspaper does,… if you disagree then you are insulting and you are bitter..

      This is the start of one party state,,dont say you were not warned

    • @ndobo it is a Zambian attitude, if you disagree you are rude, insulting, has no respect etc. Some Zambians DON’T reason well. The ZWD might over do with their headlines but if all they write is fake why is there pf government so nervous? Me as a read I have the option to reason what is true from what I read. A Zambian is a happy man/woman if he had his nshima, even a given opportunity on a silver plate some Zambians can’t see it or use it because they DON’T want to be told!,

  10. Wat ZWD practices is not journalism, its terrorism…they are terrorizing the first family and the pipo of Zambia in general. imagine how sata’s children feel with your malice.. you so called half baked journalists don’t get caught up with ZWD if you are in Zambia, those fake editors screaming on top of the mountains are in the diaspora..

    • What do you call what happened at BIGOCA,what do you call what happened at Kampasa? What do you call whats happening to our beloved former president Rupiah Banda? How do you justify PF disobeying court orders? ZWD is the new and improved POST….

    • @this is serious
      Ati ZWD are terrorists…hahahahahaha… were they trained by osama Bin laden??…

      Zwd must be scaring the heck out of people… very funny!

    • @ndobo,
      i didn’t know you are so daft!!!to you someone to be a terrorist,then must be trained by OBL?how old are you?

  11. If the defamation was done in cyberspace does that still fall under Zambian jurisdiction?If the country hosting the server where the article which defamed the president allows for freedom of expression what then? Why did the president access the the Zambian Watchdog which is not registered in Zambia?In court are they going to prove that the president is not ailing? How are they going to answer to allegations that Kabimba is involved in an oil scandal,that the president has been missing for several weeks.I think its going to be the court case of the century .BRING IT ON! Popcorns please

  12. Defamation of character is a serious offence not just that of the President. The bible says “Pray for those who have rule over you”. Media freedom is not a license to defame someones character or leak classified information. Just report the news without Bias or Tribalism. You can have a party or political bias but do it with respect (patriotism/love of country). That’s the beauty of journalism its an open court with a jury of millions.

  13. IF SATA IS AN AILING DICTATOR
    AS THE ZWD PORTRAYS HIM,
    AND
    HIS EMINENT THE ARCHBISHOP OF LUSAKA,
    KK, THE VICE PRESIDENT, CHIEFTNAINESS NKOMESHYA ETC
    ARE ADULTERERS WITHOUT EVIDENCE
    THEN THE POLICE ARE RIGHT ON.

    WE DON’T NEED RABBLE ROUSER ONLINE NEWS IN
    THE NAME OF FREEDOM OF THE PRESS.

    • That’s why there are laws against defamation and libel. Not arrest at 2am without charge.

  14. If Sata is truly an “ailing dictator” as our HH’s ZWD
    portrays him, why has the President waited this long to act?

  15. This law is the most outrageous law of Zambia. The silliness it attracts begs one to wonder whether we have we simply replaced the White Slave master (colonialist) with a black one. How much stupid can we get?

    • aaak iwe,,,you are even showing your face while criticising,,, you dont know that criticising in zambia is called insulting?… you are not afraid of a raid on your house from a combined team of armied forces??

    • Ndobo you are pointing out exactly what’s wrong. An alternative point of view should be allowed without fear of a raid by armed forces.

    • @Ndobo…lol. Ati combined armed forces…like they are coming for the Milon bros….lol. Wandepaula iwe…

  16. The useful *****s to Hichilema should be locked away and keys thrown in Victoria Falls or better still throw them in a dungeon with Lions. You cannot be insulting ubuteko with impunity. atase!!!!

  17. A dog does not differenciat between sense and nosense, so it bucks at them all. So is the Zambian watchdog.

  18. It’s mystery how Man can feel honored by humiliating other beings -Mahatima Ghandi.
    ZWD has really being doing it their way with No remorse under whatsoever even going to the extent of admiring a coup in Egypt let them answer and Face the Law. We need people with Guts to Convince the electorate to vote for them not the rubbish in ZWD. PF did not takeover governance via coup but a ballot so respect them.

  19. Mann you are right levy never reacted to any of the insults he was showered with especially by the then bitter Mr sata, he toiled for mother zed regardless, he laid a foundation which he only would have seen through but alas! God takes the best and we can’t question him.
    bamona nomba bena fyabakalipa because its all true, otherwise why would falsewoods anger you? The truth hurts. Nabaleke ukusabaila tapalati. Fili UK tuleya. Lesa nimalyotola. Elo wabonse.

  20. I dont think critising govt is wrong but how you do it. ZWD ‘s way of critising is simply not acceptable. look at the names used to refer to the president like urine bag. l think those critisms are not done in good faith but borne out of hate and meant to create anarchy. thats why they hide their staff’s identies.

  21. Fred Meembe called Chiluba a thief even in death, who arrested him? I don’t remember the Post ever reporting anything positive about RB from the time he became President upto the time he lost the presidency. They have continued their vendetta on him up to now. If this is not hypocrisy what is? Besides, not every one who reads the ZWD is tonga, at least I know am not.

  22. PF is sinking???? Sakeni is only useful when quite on ARV treatment bed in hospital.
    No wonder PF has named the Lusaka Stadium as “Gabon Disaster Stadium”.

    Well we shall change the name when we take over to

    “”90 DAYS PF BUFI STADIUM” at least it will remind us of PF.

  23. PF is sinking???? Sakeni is only useful when quite and on an ARV treatment bed in hospital.
    No wonder PF has named the Lusaka Stadium as “Gabon Disaster Stadium”.

    Well we shall change the name when we take over to

    “”90 DAYS PF BUFI STADIUM” at least it will remind us of PF.

  24. The PF government no loner commands the respect, dignity, popularityand integrity people thought it had when in opposition. Sentimental attachment to the party is why many Kaponyas still cling to the unrealistic hope offered by Sata. Young people are coming to terms with the fact that they made a huge mistake by voting out MMD. People’s live are being short changed, for example thru the removal of subsidies by this PF failed leadership. Change is necessary to save Zambia from these savages masquerading as leaders/ministers

  25. BA LT MULABEPA?? That picture is old?? Emirates stopped using that aircraft (A330-300)??long time ago. They use a 777-300ER to Lusaka which does not have tilted wings?? NAIMWE NIMWEBO BA BUFI??

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