STATE OF THE MEDIA REPORT QUARTER 4, 2020

The most notable development was the arrest on 31st October of two Ministry of Finance
officials, Chileshe Kandeta and Lazarous Mwelwa over allegations of a leaked budget speech.
The Zambia Police Service, through their Acting Spokesperson, Danny Mwale, issued the
following:
October 31, 2020 - Police have charged and arrested Ministry of Finance Public
Relations officer, Chileshe Kandeta aged 50 of Kabulonga and Lazarous Mwelwa aged
46 of Chamba Valley, a Budget Analyst at Ministry of Finance for the offence of
Communication of Certain Information contrary to Section Four Chapter 111 of the
State Security Act. This is in relation to the leaking of the 2021 National Budget Speech
which went viral before it was officially presented in Parliament. They are detained in
Police custody awaiting court appearance.
The arrest of the two Ministry of Finance officials is evidence of the suppressive legal regime
and the impact of laws that are inimical to freedom of expression, access to information as well
as press freedom in Zambia. The Zambian Constitution guarantees the freedom of expression
in Article 20, specifically stated as follows:
1. Except with his own consent, no person shall be hindered in the enjoyment of his
freedom of expression, that is to say, freedom to hold opinions without interference,
freedom to receive ideas and information without interference, freedom to impart and
communicate ideas and information without interference, whether the communication
be to the public generally or to any person or class of persons, and freedom from
interference with his correspondence.
2. Subject to the provisions of this Constitution no law shall make any provision that
derogates from freedom of the press.
3. Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of this Article to the extent that it is shown that
the law in question makes provision—
a. that is reasonably required in the interests of defence, public safety, public order,
public morality or public health; or
b. that is reasonably required for the purpose of protecting the reputations, rights and
freedoms of other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in confidence,
maintaining the authority and independence of the courts, regulating educational
institutions in the interests of persons receiving instruction therein, or the registration
of, or regulating the technical administration or the technical operation of, newspapers
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