MEDIA WON'T SWAY US - TRIBUNAL

First it was complaints from petitioners' lawyers who complained about biased reporting by government media but on closing day complaints came from the respondent's lawyers over what they termed judgmental editorials in the Post newspaper. The following is the story as reported by the Times of Zambia:

THE tribunal probing the conduct of Communications and Transport Minister, Dora Siliya has warned that any sensational reporting of its proceedings by the media will not sway it. Chairman of the tribunal, Judge Dennis Chirwa, sitting with Judges Peter Chitengi and Evans Hamaundu, warned yesterday after Ms Siliya’s lawyer, Eric Silwamba complained of some editorial comments in the Post newspaper that referred to the proceedings.

Before the closure of the tribunal on April 7, 2009, Mr Silwamba said on March 19, 2009 petitioners’ lawyer, Bonaventure Mutale complained about the headline in the Times of Zambia, to which the tribunal cautioned the media to be factual in their reporting. Mr Silwamba said the tribunal went further to say that it was not gagging the media but imploring it to report in a factual manner. He said Ms Siliya had observed with concerns that The Post newspaper’s editorial comment of March 31, 2009 made a finding of fact on the evidence of Solicitor General, Dominic Sichinga, which was repeated on April 3 and on April 5 this year. Mr Silwamba said adjudication on evidence was a preserve of the tribunal and that any inquiry should be by the tribunal and not in the media.

“We are fortified in our submission by the guidance of the Supreme Court in the Mazoka/Mwanawasa petition when the court dealt with Mr Mazoka and Mr Kavindele who commented on the case before the court. My instructions are that those opinions are grossly prejudicial to the proceedings. I know the tribunal has almost finished but the public should be made to wait until it concludes. These are instructions from my client,” Mr Silwamba said.

Justice Chirwa said the tribunal was aware that “the pen was mightier than the sword” but newspapers had their own interests in the matter. He also advised the parties to restrict their submissions to the proceedings of the tribunal and not from the media, as each media institution seemed to have their own interests.

He said the tribunal would only use evidence in the tribunal and warned that it may reconvene if prejudicial statements continued.