Tuesday, August 18, 2009

LAZ joins Sangwa in pursuing removal of chief justice

The Law Association of Zambia (LAZ) has been allowed to join the matter in which a Lusaka lawyer is asking the High Court to order Chief Justice, Ernest Sakala and Supreme Court judge Peter Chitengi to vacate their offices.

Lusaka High Judge Munalula Lisimba granted an order to LAZ after the association applied to join the proceedings as friends of the court because the matter involved issues that were related to the object of the association.

This is in a case in which former Access Financial Services directors, Aaron Chungu and Faustin Kabwe through their lawyer, John Sangwa petitioned the High Court to remove the duo from performing Supreme Court duties due to alleged over-age.

According to an affividat in support of ex-parte summons for an order to attend proceedings in the High Court as friends of the court, LAZ secretary Margaret Chalwe states that the association believed that the matters before Mr Justice Lisimba would invariably affect the general membership of LAZ.

“The council meeting of LAZ held at the secretariat on August 5 this year, resolved that the association participate in proceedings by modus operandi of amicus curiae ‘friend of the court’,” Ms Chalwe stated.

She states it was in this regard that LAZ had appointed Eric Silwamba and Company to act for the association on their behalf.

Ms Chalwe states further that the LAZ believed parties in the case would not be prejudiced in any way if the association was represented in the proceedings by friends.

She states that the court would conversely benefit of hearing independent counsel who would help the court by expounding the law impartially and the interest of justice would be served.

Reject self-regulation at own peril warns Shikapwasha

General Ronnie Shikapwasha has warned media associations about rejecting the six months ultimatum saying they do so at their own peril. He says Government will proceed to present to Parliament a bill to regulate the media.

Shikapwasha said he is disappointed with the media bodies’ decision to U-turn on their agreement with Government that they would come up with a document on self-regulation of the media in the country within six months.
He said this in an interview yesterday in Lusaka.
“It is wrong for the MISA chairperson and his group of media associations to say we have rejected the ultimatum when they had agreed to come up with a self-regulation of the media document. That is being unreliable because this is only two weeks ago when they agreed with the Vice-President to come up with that document. That’s not the way we operate,” Gen Shikapwasha said.

He said self-regulation of the media is the desire of the people in the country.
“The people are looking for self-regulation of the media to ensure ethical reporting in the media. If nothing comes up then the Government is obliged to bring a media regulation bill,” he said.

Gen Shikapwasha said coming up with legislation to help the media operate in ways that ensure adherence to ethics is not a new phenomenon in the southern African and gave Zimbabwe, Kenya and Botswana as some of the countries where such legislations have been made.

Gen Shikapwasha was reacting to media associations that have rejected Government’s six-month ultimatum for them to come up with a self-regulatory body or have Government present a draft statutory media regulation bill.

Media Bodies Reject State Ultimatum but offer no solution

Media self regulation has been in the news of late. On August 6, 2009 media associations met vice president George Kunda, they agreed to provide a document on self regulation within six months. Kunda went on to challege media associations to provide a bill on self regulation within six months failure to which the government would legislate. He also told them government had already drafted such a law.

But on August 16 media association held a briefing at MISA Zambia House where they rejected the government six month ultimatum. the following story appeared in the local media on August 17, 2009:

Local media bodies have rejected the six month government ultimatum in which they have been asked to come up with a self-regulatory body or be subjected to statutory regulation.

Information and broadcasting minister Ronnie Shikapwasha, however, insisted the government would introduce in Parliament a Bill to effect statutory regulation if the media failed to meet the deadline.

Vice president George Kunda last month gave a six month ultimatum to media bodies to come up with a self regulatory body. He also announced that government had drafted a media Bill to regulate the operations of journalists if they failed to come up with a self regulatory body within the given time frame.

The Press Association of Zambia, MISA, Press Freedom Committee of The Post, Zambia Union Journalists, Zambia Media Women Association and PANOS Southern Africa said in a joint statement that Zambia had adequate laws inhibiting the operations of the media.

ZAMWA member Sally Chiwama said the media would not accept the arrangement of coming up with a statutory regulatory body. Among the laws that governed the media, Ms Chiwama said were the laws on defamation, sedition and prohibition of false publication among others.
“We do not have intentions to accommodate such an arrangement whether it came today or in the next 100 years because we feel there are adequate laws in Zambia which are inhibiting the operations of the media,” Ms Chiwama said.

General Shikapwasha said in an interview that it was wrong for the associations to reject the ultimatum when in the meeting with Mr Kunda they agreed to the suggestion.
“The media bodies were in a meeting with the Vice president and they agreed that they would in ssix months time create a body for self regulation. If they had a problem they should have said it during the meeting,” Gen Shikapwasha said.
He said he was surprised that the associations could change from what they discussed with Mr Kunda.