The controversial Wednesday edition of the Post Newspapers was sold out within hours of hitting the streets.

The newspapers firm managed to get a special edition out after Zambia Revenue Authority seized its assets and equipment virtually grinding its operations to a halt following a tax row.

The limited special edition which was printed from a secret location was selling at an increased cover price of K15, up from K10.

The Newspaper, in a notice on its front page explained that the price increase was due to the circumstances in which it has found itself during this period.

But the increase in its cover price did not deter readers who scrambled for the limited copies that went around shortly before lunch.

Some readers took to social media to offer to buy a copy at K20 from those that had the most sought after copy describing it as souvenir item.

And the closure of the Post Newspaper has attracted widespread condemnation with media defence and human rights groups across the world calling on President Edgar Lungu to intervene.

Amnesty International said the closure of The Post newspaper is a disturbing development clearly designed to silence critical media voices.

Amnesty International’s Director for Southern Africa Deprose Muchena said the closure of the Post is an attempt to silence independent media voices in the country ahead of an election.
 
Mr Muchena said the shutting down of one of Zambia’s main independent newspapers in the run-up to an election is an affront to media freedom and the authorities should immediately reverse their decision.

And the International Press Institute (IPI) also condemned the seizure of The Post newspaper which led to its shutting down of operations.

IPI Director of Advocacy and Communications Steven M. Ellis said the organisation condemns the seizure of The Post which is all the more disturbing given its proximity to the upcoming election.

Mr Ellis said the misuse of state authority to silence the only major media outlet giving opposition parties a platform can only be seen as an effort to deny voters the information they need to make an informed decision about their future and an assault on democracy.

“We urge the government to reverse this decision and allow The Post and all media outlets in Zambia to report the news freely and without pressure.”

On Tuesday, ZRA ordered the closure of the publishing company Post Newspapers Limited, demanding over K53 million in tax arrears.

But the newspaper says that ZRA is selectively applying the law to attack the news organisation.

Last year on 15 July 2015, Police arrested The Post’s Editor in Chief Fred M’membe and one of its journalists, Mukosha Funga, for an article published that March regarding a corruption scandal involving State House aide Kaizer Zulu.

Mr M’membe and Ms. Funga were arrested, spent a night in custody and charged with publishing classified information, before being released on bail before the state entered a nolle prosequi.

Internationally respected media scholar Professor Fackson Banda has appealed to President Edgar Lungu to personally intervene in the Post Newspapers tax row which has resulted in the Zambia Revenue Authority shutting down the publication.

Professor Banda said President Lungu should personally intervene in the matter, not only because of his legal background which included supporting organisations like the then Zambia Independent Media Association (ZIMA) on its Legal Defence Fund also because he simply can.

Professor Banda who is now based in Paris, France working with UNESCO as a Programme Specialist said President Lungu understands what is at stake if the Post Newspapers remains shut.

Professor Banda said it is bad politics especially that curtails oppositional voices at a time when election campaigns are in high gear.

Below is Professor Banda’s full statement.

Taxing The Post into ‘silence’ is a grave mistake

Needless to say, as one who has spent the better part of my professional life advocating for fundamental freedoms, which include the right to freedom of expression and freedom of the press, I am not enthused by ZRA’s attempt to close down The Post.

I have just spoken to Fred M’membe. He assures me his newspaper was not opposed to paying what they owe ZRA, despite the differing interpretations of the figures. In fact, he tells me The Post was, until yesterday, living up to its share of PAYE and VAT payments. That is not for me to comment on.

But I can proffer a thought on the larger issues surrounding this saga, particularly given their ramifications for democratic politics.

This is not a well-calculated move. First, no matter how legalistically one chooses to approach it, it smacks of political interventionism. As part of a larger discourse of freedom of expression and media development, states the world over are encouraged to uphold the principle of non-discrimination in tax issues. In a word, the state should not use taxation or business regulation as a way of preferring some media outlets over others, for either political or commercial gain. There is evidence to suggest that The Post is not the only media house that has tax problems in Zambia.

Second, because media organisations can be used as a vehicle for amplifying people’s voices, imposing prohibitive taxes or levies on them can amount to a tax on free speech itself. Now, we may question the professional mooring of The Post’s brand of journalism, as indeed is our right, but it still contributes towards building a genuinely pluralistic society in which different voices vie for attention. None of us would want our voices to be subject to such a heavy-handed tax regime that they risk being silenced.

The media — as a possible arena for vocal contestation — must enjoy a special place in our democratic politics. No matter how much we hate a particular media outlet, given the changing faces of party-politics, we will almost always find ourselves in need of such a media outlet. Politicians should know better!

Third, at international law, it is a requirement that democratic states must seek to reach a balance between the state’s right to raise taxes and the fundamental human rights of taxpayers. This is provided for in several international instruments, including the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the European Charter of Human Rights, among others.

Moreover, the International Covenant on Civil and Political Rights goes further to protect freedom of expression. Arguably, under the ICCPR logic, any state curtailment of a media organisation’s right to exist should pass the three-fold test of being (i) necessary; (ii) proportionate; and (iii) narrowly defined in law.

ZRA’s action cannot be reasonably said to be absolutely necessary. Nor can it be said to be a proportionate response to The Post’s alleged failure to settle its tax arrears. I doubt very much the Zambian law is so clear-cut as to be applied in this disproportionate fashion. Human rights lawyers can comment on this more authoritatively than I can ever hope to.

Fourth, it is bad politics. Not now. It actually curtails oppositional voices at a time when election campaigns are in high gear. It casts the ruling party in a bad light, at least with some independent voters (despite the highly polarised politicking in the country, there are still independent voters who can be swayed one way or the other!).

In conclusion, I appeal to the Republican President to personally intervene in this matter, not only because of his legal background which included supporting organisations like the then Zambia Independent Media Association (ZIMA) on its Legal Defence Fund (along with me and others) but also because he simply can.

I know he understands what is at stake.

He has already demonstrated leadership on the constitutional process. It is not too late.

THE Ministry of Health has been given Treasury authority to employ close to 2,000 health workers across the country.

Ministry of Health Permanent Secretary Peter Mwaba said the ministry had targeted to employ 1,900 health workers in the next few months to provide healthcare in the newly-opened health posts.

The health posts are part of the 650 being constructed, an initiative started by late president Michael Sata.

“We have advertised for 1,900 health workers to be employed following Treasury authority that the ministry was given. Government remains committed to providing quality healthcare,” Dr Mwaba said.

Dr Mwaba said in an interview yesterday that a situation of rural areas having inadequate health workers would be a thing of the past because of the measures the ministry was undertaking.

He said the health workers would be deployed across the country to ensure that all health facilities had sufficient staff, including urban areas.

Dr Mwaba said healthcare remained the Government’s priority in advancing the economy of the country.

Early this month, Dr Mwaba announced that Cabinet had approved the creation of more than 9,000 positions in the ministry to respond to the challenges in the health sector.

The United Party for National Development (UPND) in Namwala has condemned the recent clash between its members and the Forum for Development and Democracy (FDD) supporters which happened in the district recently in which the FDD Parliamentary candidate’s arm was fractured and her vehicle extensively damaged.

Speaking in a telephone interview, UPND Constituency Secretary, Boyd Makhondo, told ZANIS that the party has condemned the violence and hoped that the police will come up with a comprehensive report as soon as investigations are concluded so that culprits are brought to book.

Mr Makondo appealed to members of his party and other parties in the district to conduct issue-based campaigns and that elections should not divide people of Namwala because people in the area believe in the spirit of unity regardless of political affiliations.

He added that the party in the district will issue a comprehensive statement after police finishes a report for investigations.

Meanwhile the nine UPND suspects, including the UPND aspiring Member of Parliament, appeared on Monday before a Namwala Magistrate’s court.

The nine were even detained but later released on a K1,500 bail each with two securities.

The nine suspects are expected to appear for mention before Namwala Magistrate’s court on June 30, 2016.

The Medical Association of Zambia (MAZ) has expressed concern with Article 15 of the Bill of Human Rights embedded in the new amendment clause constitution.

Speaking at a one-day workshop held at Hollywood II Lodge in Mongu District, Medical Association of Zambia President, Aaron Munjanjati, said the article contains clauses such as the right to life which begins at conception.

Dr Munjanjati feared that Article 15 clauses 1 and 2 of the draft constitution awaiting the referendum on August 11, 2016, would increase maternal mortality rate in Zambia if voted for.

He noted that such rights would be working against medical practitioners of taking legal abortive action on the pregnant woman if need arose as that would be considered as depriving the right to the life of unborn babies.

He observed that countries that have adopted such similar Bills of Human Rights have exacerbated and increased the death rate among productive women.

Dr Munjanjati disclosed that doctors sometimes are compelled to take legal abortive actions against a pregnant woman upon seeing that the life of the expectant mother is at stake.

Meanwhile, MAZ Deputy President, Abidan Chansa, pointed out that the clause, once approved, would impend the work of medical experts, adding that many women would be dying from maternal health complications that could be avoided.

Dr Chansa regretted that such life-saving matters should not be left to debate by fundamental religionists but should be done by all pro-life Zambian citizens.

Zambia will on August 11, 2016, go to the polls for general elections and the referendum.

In another development, Dr Munjanjati disclosed that the Medical Association of Zambia, working with the Electoral Commission of Zambia (ECZ) will for the first time deploy medical personal to attend to violence victims on the poll day.

Dr Munjanjati further said doctors will be sent to all the 105 districts of the country.

Residents in Ndola on the Copperbelt province have expressed concern over lack of publicity concerning information on the referendum.

And Jesuit Centre for Theological Reflection (JCTR) Copperbelt chairperson, Ray O’ Mwape, says there is need for the Electoral Commission of Zambia (ECZ) to involve more stakeholders to help sensitise people on what is contained in the referendum.

ZANIS reports that in a random interview with residents in Ndola today most of the residents said they had information about the referendum but could not make an informed decision concerning the referendum.

Henry Mwenya, a trader at Ndola’s Chisokone Market, said he did not understand what the referendum is and at there is no way he would agree or disagree to the referendum without knowing what he is agreeing or disagreeing to.

He said it could be that if he agreed it might not be for the benefit of him or vice versa, which put him in a tricky situation, adding that there is need for people to be sensitised on the referendum.

And Alex Mulenga, a taxi driver, said there is need for people to be sensitised on the issue of the referendum as it goes beyond politics.

Mr Mulenga noted that the referendum is a good thing but that the ECZ should do more to educate the masses on it as there is little time remaining before voting.

He observed that the ECZ agents who are going to explain on the referendum in Churches and the messages being sent on mobile phones is not enough publicity for people to understand the referendum.

The JCTR Copperbelt chairperson, Ray O’ Mwape, said according to the research carried out by his institution in the province, a lot of people did not know whether to vote against or for the referendum because they do not know what the referendum is all about.

Mr Mwape explained that the referendum has come about because of the Bill of Rights that was not included in the amended constitution, adding that the ECZ should educate the people on why the Bill of Rights should be included in the Constitution.

He observed that when the referendum is passed it will make government duty-bound to ensure that all matters that are in the Bill of Rights are adhered to by acting on them.

Mr Mwape noted that only when enough publicity is done will the people know and understand what the referendum is.