Zambia Alert: Independent Newspaper News Editor On Trial For Circulating Obscene Materials

The Post Newspaper News Editor, Chansa Kabwela, appeared before Magistrate Charles Kafunda on 5 and 6 August 2009 on charges of circulating obscene material that corrupts morals contrary to Section 177 1(b) of the Penal Code of the Laws of Zambia. Her defense layer argues that the case rests on the definition of obscenity and so witnesses should have to describe what counts as obscene and arousing.


Kabwela allegedly sent two photographs of a woman giving birth without medical help to the country’s vice-president, health minister and rights groups. She says she was highlighting issues in the healthcare system and calling for an end to a nurses’ strike.

The trial began with several state witnesses having been called in to testify. The first prosecution witness, a Senior Private Secretary to the Vice-President, Kenneth Ngosa who opened the Post’s letter, told the court that he was roundly embarrassed by having to describe arousal. He explained that the Vice President was annoyed after seeing the pictures and said that in his entire life he had not seen such pictures.

Meanwhile Magistrate Kafunda had to suspend the trial for a while on 6 August 2009 after a scuffle ensued between party supporters of United Party for National Development (UPND), Patriotic Front (PF) who expressed sympathy towards Kabwela against those of the ruling Movement for Multiparty Democracy (MMD) supporters. Riot Police had to be engaged to guile the scuffle.

The trial was attended by several media bodies, women activists, musicians, leading opposition political party leaders and church representatives who expressed their solidarity towards Kabwela. The trial is set to continue again on 28 August 2009.

Background
On 14 July 2009 the Post Newspaper News Editor Chansa Kabwela (29) pleaded not guilty to one count of circulating obscene materials. She is accused of circulating pictures of a woman in child labour without help from health workers because they were on strike.

Kabwela was released from custody after paying a bail amounting to K5000 000 (U$1000). Facts before the court were that between the dates 1 to 10 June 2009, Kabwela is alleged to have circulated two obscene photographs intending to corrupt the morals of the public contrary to section 177 of the penal code chapter 87 of the laws of Zambia.
MISA-Zambia together with other media bodies have expressed concerns and called for the withdrawals of charges against kabwela.

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