The Zambian Government hence submitted an application to court on 28 August 2009 accusing The Post newspaper for contempt of court. On 31 August 2009, Magistrate Kafunda ruled that the states application had merit. Magistrate Kafunda said having had an opportunity to read Prof Ndulos article, he was satisfied that on its face it contained contemptuous matter. He therefore vowed he would cite the charge against the author of the said article, Prof Ndulo and The Post Newspaper editor-in-chief Fred Mmembe. He therefore directed that summons be issued in that manner. The magistrate further vowed to summon the entire editorial staff of the newspaper in order to determine whether any of them might be linked to the contemptuous article. If any be found guilty, the charge carries a maximum penalty of six months in prison.
Kabwela (29) is been charged with one count of circulating obscene material that corrupts public moral, contrary to section 177 1(b) of the Penal Code. Her trial on 28 August 2009 prompted acts of violence between different political party supporters. Magistrate Kafunda expressed disappointment on the violent behavior that took place on the court premises. I am disappointed that the situation was let to deteriorate, he said. Magistrate Kafunda said as the result of the violence, he has directed that no political party supporter would be allowed around and within the court premises. I direct police to effect the order. The DPO and Lusaka Province police commanding officer are to see to it that the order is effected. he said.