THE Lusaka High Court has quashed a four-month jail sentence imposed on The Post newspapers editor-in-chief Fred M’membe for contempt of court. The court has, however, replaced the custodial sentence imposed on the Post Newspaper with a fine of K135,000.
Mr M’membe and The Post Newspaper appealed against both the conviction and sentence by the subordinate court. They were convicted of one count of contempt of court contrary to the Laws of Zambia.
The Post editor-in-chief was sentenced to four months imprisonment with hard labour and the newspaper was sentenced to four months simple imprisonment but the sentences were to be served concurrently by Mr M’membe.
Mr M’membe allegedly committed the contempt of court when the newspaper published an article touching on a case in which former Post news editor Chansa Kabwela was charged with circulating obscene matters. The article was entitled The Chansa Kabwela case: a comedy of errors.
Delivering judgment in Lusaka yesterday, a panel of three High Court judges, Royda Kaoma, Mwiinde Siavwapa and Fulgence Chisanga, said there was no evidence to prove that Mr M’membe masterminded the publication of the offending article.
“We accordingly quash the order under which the first appellant (Mr M’membe) was to serve a term of imprisonment on behalf of the second appellant (The Post Newspaper).
“Accordingly, we sentence the second appellant to a fine of K135, 000 to be paid forthwith. In default, a warrant of distress shall be issued on the immovable or movable property of the second appellant to recover the fine,” Ms Justice Kaoma said.
The judgment was read by Ms Justice Kaoma, who is Kitwe High Court judge-in-charge, on behalf of other judges. She said the court has substituted the term of imprisonment with a fine payable by the second appellant because the newspaper is a first offender.
Ms Justice Kaoma said the maximum fine prescribed for contempt of court under the law is only 750 penalty units, which is equivalent to K135, 000. She said the court received with ‘a sense of shock’ the judgement that the newspaper should serve a jail sentence because there is no such proposition of law or judicial practice in Zambia.
Ms Justice Kaoma said although a corporate body can be sentenced to imprisonment, there is no support for the proposition that the alter ego of the corporation can serve the term of imprisonment on its behalf.
She said the K135, 000 fine is inadequate as punishment, especially for a corporate entity, but only Parliament has the power to amend it. Ms Kaoma said the judges strongly recommend that Government should consider a review of the law regarding fines on erring corporate bodies.
[Zambia Daily Mail]
above the law. the untouchable! Shadow president of Zambia
Injustice in broad day light..i smell a rat. Political influence at work here
He must’ve the backing of the Government. Guess they was no evidence to put him behind.
Hahahaha…… How do you expect Fred to be charged and arrested when he campaigned for FP…..Zambia is now a banana republic, justice has gone to the goats.
I still believe in our courts and the justice system. No Further comments, your honour
Francis Chigunta?
This chap thinks he is above the law wait and see your days are numbered got will punish you for thinking you are above the law.first you confused the Lozi’s by bring up the baroste issue during the run up to the elections people died and u enjoyed the show as you de campaigned MMD,now you think you are above the law take a leaf from Dora whatever goes up must come down even your DPP friend will not protect you.
When people complain consistently on something, our GOD hears. The complaints are reaching a crescendo on one FM and our GOD will deliver his verdict.
Ms Justice Kaoma said the maximum fine prescribed for contempt of court under the law is only 750 penalty units, which is equivalent to K135, 000. She said the court received with ‘a sense of shock’ the judgement that the newspaper should serve a jail sentence because there is no such proposition of law or judicial practice in Zambia. Was waiting how the Post Newspaper as a corporate entity will enter Chibokaila or Mwembeshi prison.
Ke ke ke…the “Comedy of Errors” continues…K135,000!!!!
Indeed “comedy of errors” continues, probably part 2…
I totally and completely agree with this judgement.Here there was no influence whatsoever from any quarter.Not even mmembe can infuence these judges.Hate it or not Kudoz to the 3 judges.
Wasnt Mazoka (MHSRIP) and Kavindele fined K3 or K2 m each for contempt of Court? Where is the Judicial precedent in Zambia.Can you honestly translate 4 months jail time to a pair of trouser equivalent.There is Circus in zambia.
Those that have done company law will tell you SUGE that the company has no mouth of its own and has no body of its own. The people behind its operations are the people that are doing things. Have you ever head of lifting the veil of incorporation swine?
FINALLY JUSTICE HAS BEEN SERVED,SIMPLE LOGIC, IN A LIMITED COMPANY,THE OWNER AND COMPANY ARE 2 DIFFERENT ENTITIES AND LIABILITIES NOT TRANSFARABLE.
I totally agree with the judgement the MMD gorvenment wanted to silence those with different views ie arrest of Chansa Kabwela,Frank Bwalya,George Mpombo,Fred Mmembe the list goes on and their arrests were political motivated.
MMBEMBE IS ABOVE THE LAW!! COMEDY CONTINUES
The idea of lifting the veil of incorporation or exposing the outer ego is normally enforced when a company is engaging or has engaged itself in illegal activities. Contempt of court is not subject to imprisonment, but a fine is the way to go. Thank you learned high court judges for putting this series of comedy of errors to an end. I applaud you for highlighting the fact that parliament needs to review the 750 penalty units slapped on erring organizations given the huge amounts of profit they make.
Contempt of court is around ZMK150,000 in-case some pips here did not know, the issue is why reverse the four-month jail sentence??
The charge does not make sence!! k135pin for real , what ?
@ 17, the report says the 4 month sentence was reversed because “there was no evidence to prove that Mr M’membe masterminded the publication of the offending article”. My question is why wasn’t the author of the article Proff Ndulo not prosecuted? Hez the culprit for putting ink to paper & the post for publishing it. How does the defacto co president of zambia Fred come into this?
Mr M’membe is the chief editor and must take full responsibility. Everything published he has to authorize thats why they are not persecuting the author.. There is political influence here
Africa up, Europe down, Europe Up, Africa down, and we call that “insansa kuchinjanya”; From 1991 to 2011, or 20 years the law was in the hands of “Boma”; now the law is with us Ba Kaponya. How nice!!
And the good thing is: Kaponyas are people with high integrity; behind the scenes, we are very kind people. We just want to enjoy our share for Zambia.
£20 fine for contempt of court by a corporate body. Zambian law is a donkey.
Is there any wonder there is so much lawlessness?
Poor people who steal to survive end up in prison for ages, but those who have money just go laughing all the way to their misdeeds.
The sentence will not even tarnish the image, because law breakers are adored as heroes.
I wonder where Fred Mmembe will run to after Sata’s presidency is over. I have always known Mmembe to be one of the most arrogant bastards in Zambia, BUT I had no idea he was so daft as well – it is a very strange and explosively suicidal combination of attributes to have.
For sure this guy is above the law. If Contempt is so cheap then it explains why alot of people do not mind causing it. But if Mmembe was a poor guy the court would have sent him in for the four months, how sad the one sided justice we have in Zambia.
Some animals are more equal than others in this animal farm! Hahaha
Now MMD mugs are crying justice. Booty well said son!
Waste of resources! Outcome was expected.
Hey Fred now hound down dora for refusing to bail Zambian airways out. Wapya dora.
And the fight against corruption continues.
I love my country – Justice is blind, but at times she opens one eye and turns her head away.
No 17 or Mr “Exhaust Blown Diffuser” You posed a question; why reverse the four-month jail sentence??
The court reversed the jail sentence because, as it stated, there was no evidence to prove that Mr M’membe masterminded the publication of the offending article.This is quiet true, the article was published by another person and then submitted to the Post for publication. What is, nevertheless unknown is whether the original author would still account for his publication which the magistrate deemed to be contemptuous.
Thanks