Government says journalists are not above the law and as such can be investigated and arrested like any other citizens if they are suspected to have offended the law.
Information and Broadcasting Services Minister Kennedy Sakeni said investigative wings would clamp down on any person suspected to have broken the law regardless of whether they were journalists or not.
Mr Sakeni who is Chief Government Spokesperson, said in an interview in Lusaka yesterday that it was for that reason that the arrest or detention of any journalist should not be viewed as retrogression on scores made towards freedom of the press in Zambia.
He said journalists were not immune to investigations and that there was no one above the law adding that media personnel were supposed to account for their actions just like any other persons such as politicians or police officers.
Two Lusaka based journalists, former Evelyn Hone College lecturer Clayson Hamasaka, 40, and former Zambia Daily Mail reporter Thomas Zyambo, 40, were on July 9, 2013 arrested and detained at Lusaka’s Woodlands Police Station.
“The question is, are you journalists above the law that you can not be investigated even if the police has reason to suspect you of having committed an offence? If they suspect you, why can’t they investigate or arrest you like anybody else?” he said.
Zyambo who is expected to appear in court on July 26, 2013 has since been charged in relation to seditious practices contrary to the Law while Hamasaka has been warned and cautioned over the same offence.
Another Kabwe based journalist Wilson Pondamali was on July 16, 2013 arrested and charged with theft and being in possession of unlawful military stores a charge he has since denied.
Mr Sakeni said it was unfair for some sectors of civil society and media bodies to accuse the government of causing retrogression on the scores made in the past regarding freedom of the press simply because some journalists were being investigated and arrested on crimes they were suspected to have committed.
He said the only way to prove that one had or not committed any offence was through arrest.
“The question is, are you journalists above the law that you can not be investigated even if the police has reason to suspect you of having committed an offence? If they suspect you, why can’t they investigate or arrest you like anybody else?” he said.
Mr Sakeni said government was not going against press freedom but that journalists, media bodies and civil society must be honest with themselves and know that journalists were not immune to investigations and that police could not arrest anybody without reason.
He said civil society should be the first to look at all citizens equally and that suspects in whatever offence should account for their conduct or action.
“If journalists are suspects, they should account for their action by going through investigations …if it is a police officer he or she should also go through the same even politicians because that is the law,” he said.
Mr Sakeni said there were exceptions where people could complain of violation of their rights if the due process of the law was not followed.
“If journalists are suspects, they should account for their action by going through investigations …
Meanwhile, Mr Pondamali on Friday pleaded not guilty to two counts of being in possession of military books and theft.
Wilson Pondamali, 40, who took plea before magistrate Simpungwe, is in the first count alleged to be in unlawful possession of military books contrary to section 181(1)(5) of the Defence Act Chapter 106 of the Laws of Zambia.
Particulars of the offence are that Pondamali on July 17, 2013 did have in his possession one copy of a restricted Zambia Defence Service Intelligence book and one restricted tactics book used for military purposes.
In the second count it is alleged that the accused did steal a book entitled Freedom of the Mind valued at K140 a property of Kabwe Municipal Council (KMC).
The count granted pondamali a K10, 000 bail in his own recognisance
and two working sureties from reputable organisations.
This was after lawyer representing him Collins Chizawu from Kabesha and company applied for bail saying the charges were bailable and that his client was ready to abide by the court’s conditions.
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