Zambian editor cleared of spying

The Post records its editor's acquittal

By Anthony Kunda in Lusaka

Lusaka High court judge Elizabeth Muyovwe has acquitted the editor of The Post newspaper, Fred M'membe, of charges of espionage arising from a story he published in March this year.

We will have to look at the text in detail to examine the implications for press freedom in this country

Defence lawyer

In the story he alleged that the Zambian army is inferior to the Angolan military, and that in event of war, Zambia would be overrun.

Judge Muyovwe said the state had failed to prove that by publishing the story Mr M'membe was spying for the Angolan Government, or that he acted in a manner endangering the interests or safety of Zambia.

The offence carries a maximum sentence of 30 years imprisonment.

State evidence 'scanty'

With reference to the State Security Act, under which Mr M'membe was charged, Judge Muyovwe said: "The prosecution has failed to show that the accused was actually giving information to the Angolan Government with the purpose of harming his country."

Fred M'membe and his publication are frequently in trouble with the authorities

She said that most of the evidence given by the state witnesses was totally irrelevant to the spying charge, adding that most of it, in her own words, "was scanty, and left much to be desired".

Judge Muyovwe said some witnesses had little to say apart from expressing unhappiness about the publication of the story, or about the uncharitable description of Zambia's military strength.

She said: "The prosecution has failed to prove the case beyond all reasonable doubt, and I therefore accordingly acquit the accused."

Journalistic celebration

There were sighs of relief in the courtroom from several journalists and human rights activists who had come to court fearful that Mr M'membe might be imprisoned for at least 25 years.

When the judge had walked out, several people mobbed Mr M'membe and his lawyers to congratulate them on the outcome.

There was boisterous laughter, a few hugs, smiles, thumbs-up, and vigorous handshakes. Mr M'membe himself refused to say anything.

When I asked him, by turns, whether he expected it, was relieved or took it as the best Christmas present he has received this year, he burst into laughter, saying: "No comment!" then added: "Talk to my lawyers!"

When I asked one of the lawyers, John Sangwa, whether he had expected such an outcome, he smiled broadly, then said: "You guys!" and burst into laughter.

But the other lawyer Sakwiba Sikota said: "We are very happy with the judgment. It is a well reasoned judgment."

But he added: "We will have to look at the text in detail to examine the implications for press freedom in this country."