Lilian Kiefer the Executive Director of Panos Institute Southern Africa said Panos Institute Southern Africa (PSAf) is delighted about the Lusaka High Court decision to free human rights defenders who were being charged for “publishing false news”.She said this in a
Statement monitored by WM Media Pty. Ltd.
On Thursday, the High Court ruled as unconstitutional the charges of
“publishing false news” that had been levelled against Foundation for
Democratic Process (FODEP) Executive Director McDonald Chipenzi and
editors of the Daily Nation newspaper.
“This ruling is a great victory for freedom of expression in Zambia, and we
hope it will set an example for other countries that continue to suppress
dissent. ”said Ms keifer.
She said PSAf believes this ruling is a step towards creating an environment
where different stakeholders and the media can freely criticise those in
authority without fear of being persecuted through prosecution.
“PSAf would like to thank our partners in the Law Association of Zambia, the
Open Society Initiative for Southern Africa and the various members of the
Grand Coalition on the Campaign for a New People Driven Constitution for
all the support rendered to Mr Chipenzi during the time of his trial.
This is a landmark ruling which we hope will send the right message to those
who are in the habit of stifling free expression.”she said.
On Thursday morning, the Honourable Mr. Justice I.C. T Chali delivered
Judgment on the Constitutionality of Section 67 of the Penal Code Chapter
87, Volume 7 under which Mr. Chipenzi was charged. The High Court of
Judicature for Zambia held that section 67 of the Penal Code aforesaid is
void as it offends the provisions of Articles 18 and 20 of the Constitution of
Zambia. The Court proceeded further to hold that in the circumstances the
prosecution of the Accused person is unconstitutional and therefore void as
such proceedings cannot be permitted in a democratic society which has a
Bill of Rights expressly entrenched in a written Constitution. The Accused
have been set to liberty.
Ms Keifer said this is not just a victory for Mr. Chipenzi and the Daily Nation team, but a victory for many Zambians who have been charged, some still appearing in
court, or indeed those to be charged, for the same offence.
“We believe this judgment is historical and will positively affect the present and future
generations. As we have emphasised before, we would like to reiterate that free
expression is one of the key ingredients for any democracy to flourish. Where freedom of expression is suppressed, democracy suffers.”she said.
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