Freelance Journalists loses application for production Data by Airtel

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Two Lusaka Freelance Journalists Thomas Allan Zgambo and Clayson Hamasaka have lost an application in the High Court in which they were seeking the court to order Airtel Network to produce information in relation to a criminal act of allegedly diverting data from their mobile numbers.

This is in the case in which the two journalists sued the network provider for allegedly intercepted messages which amounted to invasion of privacy.

In their application for a notice to produce pursuant to Order 27 Rule 5(4) of the rules of the Supreme, Mr Zgambo and Mr Hamasaka seek the Respondent to produce records and documents in its custody or possession as they contain the entries specified in the notice.

The petitioners also wanted the respondent to produce registration and know your records for six mobile numbers which according to them are subject of the proceedings.

They further wanted communication records for each of the cited mobile numbers from 2013 to 2014 containing short messages services (sms’s).

But in her ruling, Justice Susan Wanjelani has declined to order for the production of information relating to the subscribers who have not given consent to the Respondents.

Justice Wanjelani has noted that the petitioners have not shown sufficient cause why the court should order the Respondent to derogate from the rights to privacy of a Mr Evaristo Phiri whose number was allegedly used to divert Sms’s by the respondent and order the production of this information without his consent.

” It is clear that the respondent cannot disclose any information relating to any of its customers or subscribers to another person without those subscribers consent”, She has ruled.

However the Court has granted the petitioners an application to order the Respondent to produce the information in regards to their numbers.

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10 COMMENTS

  1. WE ARE TIRED OF MINNING ACCIDENTS, IWE CI MUKUSA WHAT EVER YOUR NAME IS, YOU ARE THE ONE WHO CAUSED KU BLACK MOUNTAIN, WE NEED SAFETY AUDIT BEFORE YOU START MAKING VERBAL EJACULATIONS.

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  2. We comment before reading articles because we have fixed positions or either lungu or hh

    This hamasaka is a upendi die hard and no different from Richard sakala

    Even before you read their materials you already know their subjective views

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  3. I rarely comment on stories that concern me but I thought it is important to do so. How can one get consent from a fictitious person? However I’m happy that the court has ordered that our records be produced. The records will still show that data was diverted to fictitious numbers. That is the beauty of technology. It is also important to note that this is a civil matter. In the criminal matter, the court through the police can issue a warrant to obtain this information and that has been done. Airtel is trying to avoid it but soon contempt of court proceedings will commence. I hope the Editor will soon publish the contempt proceedings on this platform. Thanks.

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  4. Why do the courts take so long to give judgement to simple cases? Some people have even died while their cases haven’t seen the daylight of justice. We should get worried when judicial is dragging its feet even when they know the end game! So sad indeed.

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    • @ Airtel. Sorry if you are basing your comment on this story. Ask the Editor to publish the full ruling. Secondly I’m not Tonga. I’m Senga from Chama formerly Eastern Province now Muchinga. My wife is Lozi. I hate tribal talk. Thirdly I’m a qualified Journalist biased towards investigations. I live a moderate life. I have two lawyers. One for Civil and one for Criminal. I’m up to date with legal fees. So issue of Njala is not there. Stay glued to LT and you will soon read how Airtel Director Susan Mulikita has been trying to obstruct investigations. In the next two weeks Airtel will be in the Docks at Lusaka Magistrate Court. On November 28 2018 Trial starts in the Lusaka High Court.

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    • @ Same Sweet. Why not use real name? Anyway as for me, I was arrested over the same allegations in July 2014 and charged with sedition. The Police dropped the charges before even taking me to court. That is how I actually discovered my phone was tapped. I was mistaken for someone. That is why I urge you to pay alot of attention when trial starts. You will learn more. Do not accuse innocent people even if you may be a beneficiary of the same crime. What primitive journalism are you talking about?. I would have loved if you properly identified yourself so that I can engage you. For now you may be George Chella or one of the concerned. Stay blessed.

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