the Constitution Review Commission (CRC) should contain a clause guaranteeing access to
information.
The government has further opposed proposals in the draft constitution which aimed to extend
provisions for media freedom.
In an October 31, 2005, letter to the Secretary of the Constitution Review Commission, Justice
Minister George Kunda said the government was opposed to Clause 72 in the draft constitution, which provides for access to information, because it would compromise state security.
“Clause 72 is unacceptable because it can be subject to abuse and is likely to lead to a situation
where the security of the State may be compromised,” Kunda said.
The government also rejected provisions in the draft constitution which would have provided
for freedom of all electronic and print media from interference and protected journalists from
disclosing their sources, except in court.
As well, while accepting a provision that provides for independence of the state-owned media,
the government said this would be better dealt with under the Independent Broadcasting Authority (IBA) Act and Zambia National Broadcasting Corporation (ZNBC) Amendment Act.
However, in a controversial move, the government has called for the establishment of a Statutory Press Complaints Authority “to which members of the public can complain in case of
irresponsible and injurious publications by journalists. Such a statutory body will balance the
interests of the media with those of the public and individuals,” Minister Kunda said.
The CRC will reconvene to consider all the reactions to the draft constitution and produce its
final constitution draft which is expected to be ready by the end of December.
· ALERT
Date: October 4, 2005
Persons/Institutions: Wamunyima Walubita
Violation: Detained, censored, beaten

On October 4 2005, Q-FM radio reporter Wamunyima Walubita was forced to erase material
from his tape recorder which documented his mistreatment by police in order to secure his
release from detention.
Walubita told MISA Zambia on October 6 that he was picked up by police while covering a riot
by students from Evelyn Hone College, who were protesting against declining education standards at the institution. Walubita was taken to the Lusaka Central Police station and about to be
charged. While this was happening, Walubita was recording the events on his recorder. When
one of the officers realised that the tape was rolling, he demanded that the material be erased,
but Walubita refused to comply. He was allegedly slapped and kicked as a result. A docket was
then opened against him with the charge of “causing malicious damage to property” - the same
charge slapped on the rioting students.
· ALERT
Date: September 15, 2005
Persons/Institutions: Whitney Mulobela
Violation: Threatened

On September 15 2005, the editor of “Monitor” newspaper, Whitney Mulobela, received a
letter from the Ministry of Defence requesting a meeting with him over an article published in
the 12 to 15 August edition of the bi-weekly tabloid.
The article, entitled “Mwanawasa places security wings on higher alert”, by Chikwanda Mwansa,
quoted an unnamed Zambia Air Force (ZAF) officer saying security wings had been placed on
heightened alert following the release of an opposition party president, Michael Sata, from jail.
Sata is facing charges of espionage and sedition.The letter, which was dated September 6 and
signed by Joel Chitafu, permanent secretary in the ministry, said, “It has been found necessary
that a meeting be held with yourselves to discuss matters pertaining to the publication.”
Chitafu said he wanted the meeting to take place “at the earliest possible convenience.”
So This Is Democracy? 2005

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Media Institute of Southern Africa

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