GOVERNMENT says journalists are not above the law and as such can be investigated and arrested like any other citizens if they are suspected to have offended the law.
Information and Broadcasting Services Minister Kennedy Sakeni said investigative wings would clamp down on any person suspected to have broken the law regardless of whether they were journalists or not.
Mr Sakeni who is Chief Government Spokesperson, said in an interview in Lusaka yesterday that it was for that reason that the arrest or detention of any journalist should not be viewed as retrogression on scores made towards freedom of the press in Zambia.
He said journalists were not immune to investigations and that there was no one above the law adding that media personnel were supposed to account for their actions just like any other persons such as politicians or police officers.
Two Lusaka based journalists, former Evelyn Hone College lecturer Clayson Hamasaka, 40, and former Zambia Daily Mail reporter Thomas Zyambo, 40, were on July 9, 2013 arrested and detained at Lusaka’s Woodlands Police Station.
[pullquote]“The question is, are you journalists above the law that you can not be investigated even if the police has reason to suspect you of having committed an offence? If they suspect you, why can’t they investigate or arrest you like anybody else?” he said.[/pullquote]
Zyambo who is expected to appear in court on July 26, 2013 has since been charged in relation to seditious practices contrary to the Law while Hamasaka has been warned and cautioned over the same offence.
Another Kabwe based journalist Wilson Pondamali was on July 16, 2013 arrested and charged with theft and being in possession of unlawful military stores a charge he has since denied.
Mr Sakeni said it was unfair for some sectors of civil society and media bodies to accuse the government of causing retrogression on the scores made in the past regarding freedom of the press simply because some journalists were being investigated and arrested on crimes they were suspected to have committed.
He said the only way to prove that one had or not committed any offence was through arrest.
“The question is, are you journalists above the law that you can not be investigated even if the police has reason to suspect you of having committed an offence? If they suspect you, why can’t they investigate or arrest you like anybody else?” he said.
Mr Sakeni said government was not going against press freedom but that journalists, media bodies and civil society must be honest with themselves and know that journalists were not immune to investigations and that police could not arrest anybody without reason.
He said civil society should be the first to look at all citizens equally and that suspects in whatever offence should account for their conduct or action.
“If journalists are suspects, they should account for their action by going through investigations …if it is a police officer he or she should also go through the same even politicians because that is the law,” he said.
Mr Sakeni said there were exceptions where people could complain of violation of their rights if the due process of the law was not followed.
[pullquote]“If journalists are suspects, they should account for their action by going through investigations …[/pullquote]
Meanwhile, Mr Pondamali on Friday pleaded not guilty to two counts of being in possession of military books and theft.
Wilson Pondamali, 40, who took plea before magistrate Simpungwe, is in the first count alleged to be in unlawful possession of military books contrary to section 181(1)(5) of the Defence Act Chapter 106 of the Laws of Zambia.
Particulars of the offence are that Pondamali on July 17, 2013 did have in his possession one copy of a restricted Zambia Defence Service Intelligence book and one restricted tactics book used for military purposes.
In the second count it is alleged that the accused did steal a book entitled Freedom of the Mind valued at K140 a property of Kabwe Municipal Council (KMC).
The count granted pondamali a K10, 000 bail in his own recognisance
and two working sureties from reputable organisations.
This was after lawyer representing him Collins Chizawu from Kabesha and company applied for bail saying the charges were bailable and that his client was ready to abide by the court’s conditions.
Useless Government of small men afraid of their own shadows.
This govt is trying so hard to suppress information because it is so corrupt to the core and stealing like monkeys in the maize field.
It’s about time GRZ stopped appearing so scared of their own shadows. If GRZ was clever, they (we) would be concentrating on getting Mmembe out of the limelight.
Does it mean the only time this govt can effect an arrest is at wee hours of the day? Which laws are you using of even affecting the lives of the sleeping children who have nothing to do with you govt. Sakeni, that office has something which affects its occupants negatively, for now you wont see it, wait till you are out. Ask Ronnie Shikapwasha. Did he not apologizes to you as PF?
I think Mr Sakeni is missing the point by a long short. Yes if a journalist has committed an offence he should be arrested no question about that.
Here is my beef though: Invading people’s private space at night and then creating charges to to slap on them is just plain wrong. For example, did Kabwe Municipal Council report to the police the missing of a book entitled Freedom of Mind valued at K140 and said the suspect was the journalist in question? Certainly no.
That is why I don’t buy the argument of if you have nothing to hide then you have nothing to worry when people infringe on your privacy. We know that charges can be concocted as in the above case on anybody.
This is what they did to RB, take out immunity then look for charges. That is not law.
Keep on licking. Today, if a stand up and shout “Government wawa!” Any govt will try to find out who I am. If I am an illegal alien, they will deport me. If I am a citizen, they will find any past wrong doing and use that against me. If I have nothing to hide, they will raid my hope and find something. This is the situation everywhere. So don’t think Zambia is run by angels. The ZWD have not yet shown quality in their reporting. Though they have opened a sober wing called Zambia Eye, ZWD has remained a worst reporting site with an evil agenda against Zambia.
In addition, when a baby is born, the police should be there to give him/her the Miranda Warning: “You have the right to remain silent and docile; anything you say or do can and MAY be used against you”.
No one is above the law dats rite Mr Sakeni, if RB former president is been investigated, how special is a journalist not to be investigated if he or she break the law? possession of Military book how did he get it?
you forgot mmembe and nchito… these guys also not above the law
By the way, the military book came into his possesion through inheritance from his dead grand father who was a military man
Some journalists like those at the
Watchdog write rubbish and are a
silly bunch of UPND vuvuzelas.
iwe chi conclave, a u not the same lumpens who say this government is full of old pipo who must be retired? How come u now sayin grz of small men.
Anyway, teti no muntu ale ponda ibwali ati eshina. Wonder why grz released the other journalist thug?
Investigations start with the reporting of a case to Police and Police have to do it above board and obtain court order to search in somebody’s property for SPECIFIC things and nothing else. You don’t go there and find a book with a library date stamp and accuse somebody for stealing it when that was not your mission.
What is happening here is just random selection of targets without court approval. I can even argue that in functional jurisdiction evidence unlawfully obtained cannot be admissible in a court of law.
If we want to just be searching anybody’s house for anything, then lets start at POST Newspapers and see what we come up with
Investigation start at birth. In addition, when a baby is born, the police should be there to give him/her the Miranda Warning: “You have the right to remain silent and docile; anything you say or do can and MAY be used against you”.
@Ed,
Sit the Fcuk back down and shut your gob. You are interrupting the logical flow of viewpoints on this blog.
What the fcuk do you mean “Investigation start at birth”? And you are stupid enough to provide a stark contrast to your stupidity by replying to someone intelligent!
You are fvcked up UPND cadre.
Hon. Sakeni is ABSOLUTELY right. Only Government is above the Law (according to Comrade Kabimba Gospel).
WHO IS A JOURNALIST?
MY SON TODAY HAS A POWERFUL MODEM EQUIPPED PC,
WHICH HE HAS CONNECTED TO THE INTERNET?
HAS HE NOW BECOME A JOURNALIST JUST BECAUSE
HE HAS REGISTERED A WEBSITE ON WHICH HE CAN PASTE
PROFANITIES OR VULGARITIES ABOUT INNOCENT INDIVIDUALS
IN THE NAME OF FREE SPEECH?
I also wondering the same ai! for jourmalist to be termed professional then that journalist has to be reporting nothing but praises for the government of the day…
instead of reporting about the plight of bana ba muvigololo fathered by married men including the president himself… kaya mwe
What is your line of argument? let’s not try and justify what’s happening because its poopoo!! Let’s call a spade a spade the people we should be investigating are in Bwinjimfumu Road and Along Independence and not the suppression of peoples right to information. That’s why the FOI could not go to Parly
I welcome you sir and other men and women to the new world as you see it. The power of Information Technology. What ZWD can also do is change Domain name or create more websites and copy and paste….lol. Very frustrating when you are the one chasing these guys. Thats why Snowden is a hero. One click of the mouse on a PC and its there ready for the world to see. The people in power have been abusing the very people its supposed to serve.
When they attend an institution of higher learning, yes.
sekuru, mboro yano muribe nzeru
Evil worshippers of God Sata.
@Excuse Me
Then All My Kids & Members Of The Opposition qualify to be called Journalists.
When they attend an institution of higher learning, yes.
A govt of thugs,by thugs and for thugs- that just about sums it up for these mafiosos who slap charges then go engineer some evidence.
I agree with Mr. Sakeni 100%.
the monkey speakes his mind.
Shut up polokonso.
Mmmm, guys!!! the charges slapped are very questionable. Better tell us the truth.
Military tactics, I read a book by Sun TZU the art of war and I have a copy. Actually its even more advanced than what you accuse Pondamali. I agree with MMD CHIEFBOOTLICKER IN ALL HIS BEEF.
below are some quote from the same book…military tactics
“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself,
you will succumb in every battle”
? Sun Tzu, The Art of War, Special Editio
you mean being in possession that book is a crime? If so how can l discard it before l am arrested
The Police are arresting people for not returning library books? Seriously ? You arrest a guy for a book worth K140? And when was this Zambia Defence Service Intelligence book published and who has reported it missing? My aunt went elderly missing in Lusaka and the police have been of no help probably because all resources are being used to satisfy a delusional and paranoid government.People Zambia needs prayer before it is too late.
Restricted books? Are we going to start crying about South African spies and “hoarding” next? I’m concerned about this direction of an otherwise outstanding government
True bro, we certainly wouldn’t want to be in a situation like that of every day fearing an attack by e.g the then evil Apartheid Government in SA. But when you come to think of it, any government has the duty/ obligation to protect its citizens. It has the responsibility to PRESERVE peace. It must be able to monitor the situations and activities of all elements. Some of these may be hired chaps who may want to destabilise this country!
It must do so aggressively. Sometimes this may entail taking certain steps to PREVENT or guard against any possible threats to the peace and stability of any such nation. The action by the government is certain rational, and in national interest. You never know what some of these elements are up to!! The government must therefore always REMAIN ALERT!
Not above the law? Well, sure.
Only I think it is the SELECTIVE application of the law (….not to mention STATE CENSORSHIP!) that people are upset with. Obviously, it is much more than a coincidence that journalists seen as critical of the PF are arrested, then investigated, while PF cadres (or even mere “party sympathizers” as some would say) get away with causing violence, illegal activity and, of course, insults. Does Sakeni really want to hide behind this excuse? How many court orders has his government ignored?
You stupit liar! Mention even just one COURT ORDER which this government has ignored. This is the MOST TOLERANT and LAW RESPECTING government this country has ever had after KK’s administration! So what are you talking about..
@ 18.1 Just one?
OK…. How about the MULTIPLE TIMES this government has ignored COURT ORDERS to release RB’s passport and allow him to travel? You may not like those orders “Ba” CHERYL, but they were indeed COURT ORDERS. Would you like examples of PF violence, illegal activity, and insults next?
Simply put, everyone in government swore (with Bible in hand!) to uphold the Constitution (i.e. THE LAWS OF ZAMBIA) so have no right to pick and choose which laws to implement. Mr. Sakeni just said exactly that!
As for the UNIP being tolerant…. really? A one-party dictatorship tolerant?!?! Wow!!!
Btw – when you insult and call people “stupit” [sic] it only makes you out to be the stupid one. Far better is to talk nicely and use reason…. if you can.
Yes, Hon. Minister, NO ONE SHOULD BE ABOVE THE LAW. However, in our country the President, Ministers, Senior Party Cadres in the Ruling Party, the Police, high ranking Security officers etc are clearly ABOVE the law. If everyone was UNDER the law, why are most proescutions only done when a different party comes to power. What about defecting MPs who have been given Ministerial positions while their suspected criminal cases were still before the courts of law. Why not wait until the cases are disposed of. If Hon. Sakeni was in a country where journalists were not afraid of their own shadows he would be having a tough time explaining this
statement. Thanks LT for the chance to air my views on this matter.
No one in their right mind should be agreeing with this fool Sekani
next they will be targeting bloggers like us, These guys don’t have
anything better to do that’s why they are CNP,
save your breath,
most of the coments above are shallow i don’t know if they had subject like ADMA or chemistry as single subjects in their secondary schools, they lack analytical skills
Sakeni is in PF but i don’t like him. the point he is trying to put across is very clear, journalist are not above the law.
And you would have us believe your comment is somehow “deep” and “analytic”?
What do you think about how the law is being applied?
spuds. who are you to believe what am saying? my coment is neither deep nor shallow
@notorious Melvin, no one said journalists are above the law. All people are against is indiscriminant arrests of any journalist, who report negatively on the Government. They should not be forced to say nice things about your party PF, if they think otherwise. That is what freedom of expression is about (insults aside).
Rule of Law is fair. Manipulation is wrong. Follow rules and regulations first. If you choose to act outside legal framework, then you can bet Zambia Police will pounce on you. Insulting is not journalistik.
Imwe natuma comments twanu twaopuba masiku yonse. We are don’t even know if you are truly a “private citizen” or just one of Sata’s Private Security.
The governmebnfears journalists that’s why the the president has never held a press conference for fear of questions, so the next step is simply to intimidate them. They know journalist are investigative in nature and a search for books is possible find one with a date stamp. If you went to school during my time and you keep all your books, mostly like you a book from your school with a date stamp.
ZAMBIANS EATING THEIR OWN PUKE. Level of leadership in PF, unfortunately is way below expectations. Seems to be a group of leaders who just talk without thinking. Better be quite, talk when with balanced facts than just vomit. SAKENI HAS MISSED THE POINT VERY DISAPPOINTING TO HAVE SUCH LEADERSHIP AS MINISTER OF INFORMATION. JOURNALISTS IN ZAMBIAN YOU ARE FINISHED. YOU BETTER STAND UP TO YOUR BELIEFS.
Reserve SGT Mwaliteta and Judge Ngoma, are they above the law Mr. Dracula Sakeni?
What about those ZNS soldiers that shot unarmed villagers, are they above the law Mr. Dracula? If they are, then the journalists are also above the law.
Neither journalists nor governments should be above the law. They can both be pains in the behind to each other so as one flexes muscles and waves legal documents the other will put pen to paper (fingers to keyboard) and vent wrath. Neither has a tough skin and both need to adhere to codes of conduct. A free press is healthy and government should be held accountable and people informed. On the other hand cyber bullies give journalism a bad name. Not that I’m referring to these journalists…
It is sad that in our country, the government does not see itself as a servant for all Zambians. These guys get paid from taxpayers’ money and they owe it to all Zambians to perform. A journalist is there to serve both you and I, to ensure the people we elected are transparent in their dealings. It doesn’t matter how dirty the truth is, the government has to come straight. Journalists need our support and they will help in ensuring we all know what our government is up to.
brabrabrabra, Sakani he does not even know what he is talking about ,just talking to fill the space.
What a government i supported ,what a president i loved,what a party i campaigned for?
Come on PF you can do better than this
Mmembee is the only journalist above the Law.
your mmembe knows the prison in and out with so many court cases – ask him he will tell you – it is his own mouth that has saves him from roting in prison
Gorillas!
Mwalasa yemwe aba bapushi balamona kwati they are very special and carry a licence to lie and insult anyone with impunity. Mulenya this is time you have met your match King Cobra will pursue you up to the end of your stupid holes.
I’m yet to read a headline on any newspaper where the government announces doing something that actually benefits the masses – something good and positive.
All we read about are petty bedroom squabbles not worth reading.
People world wide constantly criticize their leaders all the time, yet these leaders rise above this and all manage to do their work serving the masses.
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