MISA ZAMBIA DRAGS STATE TO COURT OVER BARRING OF JOURNALISTS AT PARLIAMENT
The Media Institute of Southern Africa MISA Zambia has taken an important step towards promoting and protecting media freedom and access to information by filing a petition against the decision by the State to bar independent and international media from covering the official opening of the Fourth Session of the Eleventh National Assembly.
Here below is the full petition.
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
PETITION
THE PETITION of THE PETITIONER shows as follows;
1. The Petitioner whose Offices are at Plot No. 3814, Martin Mwamba Road, Olympia
Park in Lusaka is a registered Non-Governmental Organization with membership
comprising various media practitioners from private, freelance and public institutions
in Zambia whose objective is to promote media freedom and fight obstacles that
impede the enjoyment of the Freedom of the Press in Zambia
2. The 1st Respondent is Petitioned pursuant to Section 12 of the State Proceedings Act
Cap 71 of the laws of Zambia
3. The 2nd Respondent is a Constitutional Office for the Legislative branch of the State
created under the Constitution of Zambia Cap 1 of the Laws of Zambia and is the
employer of the Clerk of National Assembly.
4. The Petitioner and indeed the whole the media fraternity in Zambia had information
to the effect that, after a long absence from the public eye for unexplained reasons, the
President of the Republic of Zambia His Excellency Mr. Michael Chilufya Sata was to
address Parliament on the Official Opening of the Fourth Session of the Eleventh
National Assembly on 19th September, 2014 at 10hrs.
5. The members of the Petitioner have at all times in the past been allowed to enter
parliament in the Press Gallery and the Chamber to cover the proceedings of such
nature without restriction.
6. The Petitioner states that this time and in particular on 16th September, 2014 The Clerk
of National Assembly wrote a letter directing that the members of the Press to cover
the Official Opening of the Fourth Session of the Eleventh National Assembly on 19th
September, 2014 will be selected by the Ministry of Information through its agency the
Zambia News and Information Services (hereinafter called “ZANIS”) as the occasion
was a “State Event”.
7. The Petitioner shall say that the 2nd Respondent through the Clerk of National
Assembly did not cite any Constitutional or legislative provision for this novel, strange
and illegal procedure aforesaid.
8. The Petitioner states that despite its member journalists submitting their names to
ZANIS as directed by the Clerk of National Assembly, member journalists of the
Petitioner from the foreign and private media including but not limited to the British
Broadcasting Corporation (BBC), MUVI TV, Daily Nation Newspaper, HOT FM inter
alias, were declined permission to enter the parliament buildings and the Press Gallery
located in the Parliament precincts by the security officials at Parliament on the basis
that they were not permitted by the Ministry of Information through its agency ZANIS.
9. The Petitioner states that only Journalists from State Media namely Zambia National
Broadcasting Corporation (ZBNC), Times of Zambia, Daily Mail and ZANIS and one
private media enterprises by the name of the Post Newspaper were allowed to enter
the Parliament precincts to cover the Official Opening of the Fourth Session of the
Eleventh National Assembly on 19th September, 2014
10. The members of the Petitioner located in Zambia were therefore unable to cover the
Official Opening of the Fourth Session of the Eleventh National Assembly on 19th
September, 2014 at 10hrs but could only monitor the proceedings from outside the
parliament premises outside the gates by capturing the poor signals of Parliament
Radio and ZNBC Television.
11. The Petitioner further states that the conduct of the Executive and Legislative branch
of the State mentioned above is undemocratic and amounts to censorship as journalists
from the independent media can only monitor what the public media enterprises
transmit.
12. The Petitioners complain that their rights to freedom of the Press as protected under
Article 20 (1) and in particular ARTICLE 20 (2) of the CONSTITITION OF ZAMBIA
CAP 1 of the Laws of Zambia have been so far infringed and the violation is likely to
continue if the Court does not make the declarations sought.
13. The Petitioners further complain that the conduct of the Ministry of Information
through ZANIS and the Clerk of National Assembly to allow State media which
includes ZANIS, ZNBC, Zambia Daily Mail, Times of Zambia and one private media
entity by the name of Post Newspaper as mentioned in paragraph 9 to cover the
National Assembly proceedings above and disallowing other journalists from the
private and freelance media from covering the National Assembly proceedings is an act
of discrimination contrary Article 23 of the Constitution of Zambia Cap 1 of the Laws
of Zambia.
14. The Petitioner states further that the trend for the State to discriminate against the
private media in the enjoyment of the freedom of expression and the Press has been
growing and unless the Honourable Court makes the declaratory orders and reliefs
sought, nothing will stop or guide the State apparatus from continuation of this vice.
15. The Petitioner states that the Office of the President of the Republic of Zambia for
instance has banned all private and freelance media in Zambia except Post Newspaper
from entering and covering events of a public nature at State house and rallies
addressed by His Excellency Mr. Michael Chilufya Sata.
16. The members of the Petitioner are left to monitor the public events at State House via
the Facebook page purported to be hosted by His Excellency the President of the
Republic of Zambia Mr. Michael Chilufya Sata.
17. The Petitioner states the decree to ban private media from covering the President is
executed by Patriotic Front Cadres who harass, assault and hound out Journalists from
independent media like MUVI TV, Daily Nation to mention a few, from public
precincts like State House, Parliament, airports and rally grounds where His
Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata is having
public appearances.
18. The Petitioner states that at no time has the President ever condemned the barbaric
behavior of the Patriotic Front Cadres and the Police do not effect any arrest on the
perpetrators of violence against journalists even when the culprits are known or
captured on video.
19. In recent days, even Journalists from Post Newspaper have not been spared from the
brutality of the Patriotic Front Cadres in their execution of the decree to chase private
and freelance journalists from functions attended by the Head of State
20. AND THE PETITIONER therefore prays under Article 28(1) of the Constitution of Zambia for the following declarations and reliefs;
(1) A declaration that the decision of the Clerk of National Assembly and ZANIS to ban the Petitioners from entering the Parliament precincts to cover the Official Opening of the Fourth Session of the Eleventh National Assembly on 19th September, 2014 is a violation of the Freedom of the Expression and the Press as protected under Article 20 of the Constitution of Zambia
(2) A declaration that the decision of the Clerk of National Assembly and ZANIS to allow State Media houses and the Post Newspaper and disallow the other members of the Petitioner from covering the same event of the Official Opening of the Fourth Session of the Eleventh National Assembly on 19th September, 2014 is discriminatory contrary to Article 23 of the Constitution of Zambia
(3) A Declaration that there is no requirement under the Constitution of Zambia for journalists to seek permission from ZANIS to cover the President or other Public figures or Public events of public and national interest including but not limited to the Official Opening of Sessions of the National Assembly
(4) An Order nullifying the decision of the Clerk of National Assembly contained in his letter dated 16th September, 2014 which requires that accredited journalists must seek the permission by submission of names to ZANIS to cover the public events at Parliament including but not limited to the Official Opening of the Fourth Session of the Eleventh National Assembly by His Excellency the President of the Republic of Zambia.
(5) A Directive to the 2nd Respondent to avail the Press Gallery and other available areas for the media at Parliament to all accredited journalists and not just those from the Public Media Enterprises and the Post Newspaper when there is a public event like but not limited to the Official Opening of Sessions of the National Assembly.
(6) A Directive to State House not to discriminate against accredited journalists from the independent media in preference to those from public media enterprises in issuing licenses to enter State House to cover events of a public nature and for which journalists from the public sector and the Post Newspaper have been invited.
(7) A Declaration that the standing decision by the President of the Republic of Zambia to ban journalists from the independent and freelance media from covering public events at State House and Other public places attended by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata is unconstitutional and therefore null and void
(8) That Costs for the Petition be borne by the 1st and 2nd Respondents.
DATED the _______________ day of ____________________ 2014
SIGNED________________________ HELEN MWALE FOR AND ON BEHALF OF MISA ZAMBIA
This Petition was filed by Messrs Dindi and Company, Flat No. 1 Zurich Court, Broads Road, Rhodespark, P.O. Box 34872, email: marshalmuchende@hotmail.com LUSAKA ADVOCATES FOR THE PETITIONER
TO: The Attorney General, Ministry of Justice, New Kent Building, Haile Selassie Avenue, P.O. Box 50106, LUSAKA ADVOCATES FOR THE RESPONDENT
TO: The Speaker of National Assembly, National Assembly of Zambia, LUSAKA.
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
AFFIDAVIT VERIFYING FACTS IN PETITION
I, Hellen Mwale of Plot No. 3814, Martin Mwamba Road, Olympia Park in the City and
Province of Lusaka in the Republic of Zambia MAKE OATH and SAY as follows:
1. That my names and address are stated above
2. That I am the Chairperson of the MISA ZAMBIA the Petitioner herein and
therefore competent to depose as follows
3. That the PETITITONER is a registered Non-governmental organization
championing media freedoms NOW shown to me and marked exhibit HM 1 is a
copy of the certificate of incorporation.
4. That the objectives of the PETITITONER inter alias include promoting and
defending media freedom within Zambia and to take necessary steps where such
freedoms are violated and seek to remove obstacles and impediments to the free
flow of information NOW SHOWN to me and MARKED EXHIBIT HM 2 is a copy
of the Constitution of MISA ZAMBIA
5. That the media fraternity in Zambia had information to the effect that the President
of the Republic of Zambia His Excellency Mr. Michael Chilufya Sata was to address
Parliament on the Official Opening of the Fourth Session of the Eleventh National
Assembly on 19th September, 2014 at 10hrs.
6. That at all times in the past media practitioners been allowed to enter Parliament
and ushered in the Press Gallery and in the chamber to cover the proceedings of
such nature without restriction.
7. That on 16th September, 2014 the Clerk of National Assembly wrote a letter
directing that the members of the Press who are desirous to cover to cover the
Official Opening of the Fourth Session of the Eleventh National Assembly on 19th
September, 2014 will be selected by the Ministry of Information through its agency
the Zambia News and Information Services (hereinafter called “ZANIS”) as the
occasion was a “State Event”. NOW SHOWN to me and MARKED EXHIBIT HM 3
is a copy of the letter.
8. That despite submitting names as required in the said letter above, the Security
personnel at the gates of the 2nd Respondent at Parliament declined to let our
accredited members including but not limited to the journalists from BBC, MUVI
TV, Daily Nation, HOT FM to mention a few from entering the Parliamentary
precincts let alone the Press Gallery to cover the event.
9. That we were told by the security personnel at Parliament that the Clerk of National
Assembly and ZANIS only allowed state media enterprises which include ZANIS,
ZNBC, Daily Mail and Times of Zambia to enter and cover the Official Opening of
the Fourth Session of the Eleventh National Assembly by His Excellency the
President of the Republic of Zambia Mr. Michael Chilufya Sata.
10. That from the private media only journalists from the Post Newspaper were
allowed in the parliament buildings and its Press Gallery and Chamber to cover the
event.
11. That I verily believe that the decision of the Clerk of Court and ZANIS to disallow
other private media other than the state media and the Post Newspaper is an
infringement of the freedom of the Press and is also discriminatory.
12. That unfortunately the tendency complained about is a continuation of the decision
by the President of Zambia to ban journalists from private and freelance media
from covering his public appearances at State House, public rallies and at airports.
13. That on or about 14th April, 2014 a decree was issued from State House to ban
Journalists from MUVI TV to enter State House to cover any event of a public
nature on suspicions that they had a hand in the Zambian Watchdog. NOW
SHOWN to me and MARKED EXHIBIT HM4 is a copy of a publication of the
Zambian Watchdog about the said ban.
14. That as a result of this ban journalists from independent media organizations like
Daily Nation, Post Newspaper to mention a few are harassed, assaulted and
hounded out of premises or precincts like State House, Parliament, airports and
rally grounds where His Excellency the President of the Republic of Zambia Mr.
Michael Chilufya Sata is having public appearances NOW SHOWN to me and
MARKED EXHIBIT HM5 is a copy of the Post Newspaper dated 17th September
2014 at page 10 reporting about “Harassment of Journalists…” by veteran
politician Dr. Vernon Mwaanga
15. That I swear to the foregoing verily believing the same to be true and correct to the best of my knowledge and information.
Sworn by the said HELLEN MWALE )
AT Lusaka this………..……………day of…………………..….2014)
BEFORE ME:……………….……..……………………..
COMMISSIONER FOR OATHS
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
CERTIFICATE OF EXHIBITS MARKED “H M 1” AND “H M 5”
These are documents marked EXHIBITS “HM 1” and “HM 5” referred to in the Petition of
HELLEN MWALE sworn before me this ………………………………day of ……………………..2014.
…………………………………………………….
COMMISSIONER FOR OATHS
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
NOTICE OF APPOINTMENT AS ADVOCATES ORDER IV (1) CAP 27
TAKE NOTICE Messrs. Dindi & Company has been appointed Advocates for the
Petitioner herein.
Dated at Lusaka this……………..….….…………..day of …………...…………………….……2014
This Notice is drawn by Messrs Dindi and Company, Flat No. 1 Zurich Court,
Broads Road, Rhodespark, P.O. Box 34872, LUSAKA. ADVOCATES FOR THE
PETITIONER
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
NOTICE OF APPOINTMENT AS ADVOCATES ORDER IV (1) CAP 27
Messrs. Dindi & Company,
Flat 1, Zurich Court,
Broads Road, Rhodespark,
P.O. Box 34872,
LUSAKA.
ADVOCATES FOR THE PETITIONER
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
CERTIFICATE OF URGENCY CAP 25 RULE 48
I, MARSHAL MUBAMBE MUCHENDE, Advocate for the petitioners herein DO CERTIFY that the
hearing of the PETITION is of utmost urgency as the Official Opening of the Fourth Session of the
Eleventh National Assembly on 19th September, 2014 at 10hrs.
Dated at Lusaka …………………………………….day of …………………………..……………2014.
……………….……….…………………………………
MARSHAL MUBAMBE MUCHENDE
Here below is the full petition.
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
PETITION
THE PETITION of THE PETITIONER shows as follows;
1. The Petitioner whose Offices are at Plot No. 3814, Martin Mwamba Road, Olympia
Park in Lusaka is a registered Non-Governmental Organization with membership
comprising various media practitioners from private, freelance and public institutions
in Zambia whose objective is to promote media freedom and fight obstacles that
impede the enjoyment of the Freedom of the Press in Zambia
2. The 1st Respondent is Petitioned pursuant to Section 12 of the State Proceedings Act
Cap 71 of the laws of Zambia
3. The 2nd Respondent is a Constitutional Office for the Legislative branch of the State
created under the Constitution of Zambia Cap 1 of the Laws of Zambia and is the
employer of the Clerk of National Assembly.
4. The Petitioner and indeed the whole the media fraternity in Zambia had information
to the effect that, after a long absence from the public eye for unexplained reasons, the
President of the Republic of Zambia His Excellency Mr. Michael Chilufya Sata was to
address Parliament on the Official Opening of the Fourth Session of the Eleventh
National Assembly on 19th September, 2014 at 10hrs.
5. The members of the Petitioner have at all times in the past been allowed to enter
parliament in the Press Gallery and the Chamber to cover the proceedings of such
nature without restriction.
6. The Petitioner states that this time and in particular on 16th September, 2014 The Clerk
of National Assembly wrote a letter directing that the members of the Press to cover
the Official Opening of the Fourth Session of the Eleventh National Assembly on 19th
September, 2014 will be selected by the Ministry of Information through its agency the
Zambia News and Information Services (hereinafter called “ZANIS”) as the occasion
was a “State Event”.
7. The Petitioner shall say that the 2nd Respondent through the Clerk of National
Assembly did not cite any Constitutional or legislative provision for this novel, strange
and illegal procedure aforesaid.
8. The Petitioner states that despite its member journalists submitting their names to
ZANIS as directed by the Clerk of National Assembly, member journalists of the
Petitioner from the foreign and private media including but not limited to the British
Broadcasting Corporation (BBC), MUVI TV, Daily Nation Newspaper, HOT FM inter
alias, were declined permission to enter the parliament buildings and the Press Gallery
located in the Parliament precincts by the security officials at Parliament on the basis
that they were not permitted by the Ministry of Information through its agency ZANIS.
9. The Petitioner states that only Journalists from State Media namely Zambia National
Broadcasting Corporation (ZBNC), Times of Zambia, Daily Mail and ZANIS and one
private media enterprises by the name of the Post Newspaper were allowed to enter
the Parliament precincts to cover the Official Opening of the Fourth Session of the
Eleventh National Assembly on 19th September, 2014
10. The members of the Petitioner located in Zambia were therefore unable to cover the
Official Opening of the Fourth Session of the Eleventh National Assembly on 19th
September, 2014 at 10hrs but could only monitor the proceedings from outside the
parliament premises outside the gates by capturing the poor signals of Parliament
Radio and ZNBC Television.
11. The Petitioner further states that the conduct of the Executive and Legislative branch
of the State mentioned above is undemocratic and amounts to censorship as journalists
from the independent media can only monitor what the public media enterprises
transmit.
12. The Petitioners complain that their rights to freedom of the Press as protected under
Article 20 (1) and in particular ARTICLE 20 (2) of the CONSTITITION OF ZAMBIA
CAP 1 of the Laws of Zambia have been so far infringed and the violation is likely to
continue if the Court does not make the declarations sought.
13. The Petitioners further complain that the conduct of the Ministry of Information
through ZANIS and the Clerk of National Assembly to allow State media which
includes ZANIS, ZNBC, Zambia Daily Mail, Times of Zambia and one private media
entity by the name of Post Newspaper as mentioned in paragraph 9 to cover the
National Assembly proceedings above and disallowing other journalists from the
private and freelance media from covering the National Assembly proceedings is an act
of discrimination contrary Article 23 of the Constitution of Zambia Cap 1 of the Laws
of Zambia.
14. The Petitioner states further that the trend for the State to discriminate against the
private media in the enjoyment of the freedom of expression and the Press has been
growing and unless the Honourable Court makes the declaratory orders and reliefs
sought, nothing will stop or guide the State apparatus from continuation of this vice.
15. The Petitioner states that the Office of the President of the Republic of Zambia for
instance has banned all private and freelance media in Zambia except Post Newspaper
from entering and covering events of a public nature at State house and rallies
addressed by His Excellency Mr. Michael Chilufya Sata.
16. The members of the Petitioner are left to monitor the public events at State House via
the Facebook page purported to be hosted by His Excellency the President of the
Republic of Zambia Mr. Michael Chilufya Sata.
17. The Petitioner states the decree to ban private media from covering the President is
executed by Patriotic Front Cadres who harass, assault and hound out Journalists from
independent media like MUVI TV, Daily Nation to mention a few, from public
precincts like State House, Parliament, airports and rally grounds where His
Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata is having
public appearances.
18. The Petitioner states that at no time has the President ever condemned the barbaric
behavior of the Patriotic Front Cadres and the Police do not effect any arrest on the
perpetrators of violence against journalists even when the culprits are known or
captured on video.
19. In recent days, even Journalists from Post Newspaper have not been spared from the
brutality of the Patriotic Front Cadres in their execution of the decree to chase private
and freelance journalists from functions attended by the Head of State
20. AND THE PETITIONER therefore prays under Article 28(1) of the Constitution of Zambia for the following declarations and reliefs;
(1) A declaration that the decision of the Clerk of National Assembly and ZANIS to ban the Petitioners from entering the Parliament precincts to cover the Official Opening of the Fourth Session of the Eleventh National Assembly on 19th September, 2014 is a violation of the Freedom of the Expression and the Press as protected under Article 20 of the Constitution of Zambia
(2) A declaration that the decision of the Clerk of National Assembly and ZANIS to allow State Media houses and the Post Newspaper and disallow the other members of the Petitioner from covering the same event of the Official Opening of the Fourth Session of the Eleventh National Assembly on 19th September, 2014 is discriminatory contrary to Article 23 of the Constitution of Zambia
(3) A Declaration that there is no requirement under the Constitution of Zambia for journalists to seek permission from ZANIS to cover the President or other Public figures or Public events of public and national interest including but not limited to the Official Opening of Sessions of the National Assembly
(4) An Order nullifying the decision of the Clerk of National Assembly contained in his letter dated 16th September, 2014 which requires that accredited journalists must seek the permission by submission of names to ZANIS to cover the public events at Parliament including but not limited to the Official Opening of the Fourth Session of the Eleventh National Assembly by His Excellency the President of the Republic of Zambia.
(5) A Directive to the 2nd Respondent to avail the Press Gallery and other available areas for the media at Parliament to all accredited journalists and not just those from the Public Media Enterprises and the Post Newspaper when there is a public event like but not limited to the Official Opening of Sessions of the National Assembly.
(6) A Directive to State House not to discriminate against accredited journalists from the independent media in preference to those from public media enterprises in issuing licenses to enter State House to cover events of a public nature and for which journalists from the public sector and the Post Newspaper have been invited.
(7) A Declaration that the standing decision by the President of the Republic of Zambia to ban journalists from the independent and freelance media from covering public events at State House and Other public places attended by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata is unconstitutional and therefore null and void
(8) That Costs for the Petition be borne by the 1st and 2nd Respondents.
DATED the _______________ day of ____________________ 2014
SIGNED________________________ HELEN MWALE FOR AND ON BEHALF OF MISA ZAMBIA
This Petition was filed by Messrs Dindi and Company, Flat No. 1 Zurich Court, Broads Road, Rhodespark, P.O. Box 34872, email: marshalmuchende@hotmail.com LUSAKA ADVOCATES FOR THE PETITIONER
TO: The Attorney General, Ministry of Justice, New Kent Building, Haile Selassie Avenue, P.O. Box 50106, LUSAKA ADVOCATES FOR THE RESPONDENT
TO: The Speaker of National Assembly, National Assembly of Zambia, LUSAKA.
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
AFFIDAVIT VERIFYING FACTS IN PETITION
I, Hellen Mwale of Plot No. 3814, Martin Mwamba Road, Olympia Park in the City and
Province of Lusaka in the Republic of Zambia MAKE OATH and SAY as follows:
1. That my names and address are stated above
2. That I am the Chairperson of the MISA ZAMBIA the Petitioner herein and
therefore competent to depose as follows
3. That the PETITITONER is a registered Non-governmental organization
championing media freedoms NOW shown to me and marked exhibit HM 1 is a
copy of the certificate of incorporation.
4. That the objectives of the PETITITONER inter alias include promoting and
defending media freedom within Zambia and to take necessary steps where such
freedoms are violated and seek to remove obstacles and impediments to the free
flow of information NOW SHOWN to me and MARKED EXHIBIT HM 2 is a copy
of the Constitution of MISA ZAMBIA
5. That the media fraternity in Zambia had information to the effect that the President
of the Republic of Zambia His Excellency Mr. Michael Chilufya Sata was to address
Parliament on the Official Opening of the Fourth Session of the Eleventh National
Assembly on 19th September, 2014 at 10hrs.
6. That at all times in the past media practitioners been allowed to enter Parliament
and ushered in the Press Gallery and in the chamber to cover the proceedings of
such nature without restriction.
7. That on 16th September, 2014 the Clerk of National Assembly wrote a letter
directing that the members of the Press who are desirous to cover to cover the
Official Opening of the Fourth Session of the Eleventh National Assembly on 19th
September, 2014 will be selected by the Ministry of Information through its agency
the Zambia News and Information Services (hereinafter called “ZANIS”) as the
occasion was a “State Event”. NOW SHOWN to me and MARKED EXHIBIT HM 3
is a copy of the letter.
8. That despite submitting names as required in the said letter above, the Security
personnel at the gates of the 2nd Respondent at Parliament declined to let our
accredited members including but not limited to the journalists from BBC, MUVI
TV, Daily Nation, HOT FM to mention a few from entering the Parliamentary
precincts let alone the Press Gallery to cover the event.
9. That we were told by the security personnel at Parliament that the Clerk of National
Assembly and ZANIS only allowed state media enterprises which include ZANIS,
ZNBC, Daily Mail and Times of Zambia to enter and cover the Official Opening of
the Fourth Session of the Eleventh National Assembly by His Excellency the
President of the Republic of Zambia Mr. Michael Chilufya Sata.
10. That from the private media only journalists from the Post Newspaper were
allowed in the parliament buildings and its Press Gallery and Chamber to cover the
event.
11. That I verily believe that the decision of the Clerk of Court and ZANIS to disallow
other private media other than the state media and the Post Newspaper is an
infringement of the freedom of the Press and is also discriminatory.
12. That unfortunately the tendency complained about is a continuation of the decision
by the President of Zambia to ban journalists from private and freelance media
from covering his public appearances at State House, public rallies and at airports.
13. That on or about 14th April, 2014 a decree was issued from State House to ban
Journalists from MUVI TV to enter State House to cover any event of a public
nature on suspicions that they had a hand in the Zambian Watchdog. NOW
SHOWN to me and MARKED EXHIBIT HM4 is a copy of a publication of the
Zambian Watchdog about the said ban.
14. That as a result of this ban journalists from independent media organizations like
Daily Nation, Post Newspaper to mention a few are harassed, assaulted and
hounded out of premises or precincts like State House, Parliament, airports and
rally grounds where His Excellency the President of the Republic of Zambia Mr.
Michael Chilufya Sata is having public appearances NOW SHOWN to me and
MARKED EXHIBIT HM5 is a copy of the Post Newspaper dated 17th September
2014 at page 10 reporting about “Harassment of Journalists…” by veteran
politician Dr. Vernon Mwaanga
15. That I swear to the foregoing verily believing the same to be true and correct to the best of my knowledge and information.
Sworn by the said HELLEN MWALE )
AT Lusaka this………..……………day of…………………..….2014)
BEFORE ME:……………….……..……………………..
COMMISSIONER FOR OATHS
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
CERTIFICATE OF EXHIBITS MARKED “H M 1” AND “H M 5”
These are documents marked EXHIBITS “HM 1” and “HM 5” referred to in the Petition of
HELLEN MWALE sworn before me this ………………………………day of ……………………..2014.
…………………………………………………….
COMMISSIONER FOR OATHS
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
NOTICE OF APPOINTMENT AS ADVOCATES ORDER IV (1) CAP 27
TAKE NOTICE Messrs. Dindi & Company has been appointed Advocates for the
Petitioner herein.
Dated at Lusaka this……………..….….…………..day of …………...…………………….……2014
This Notice is drawn by Messrs Dindi and Company, Flat No. 1 Zurich Court,
Broads Road, Rhodespark, P.O. Box 34872, LUSAKA. ADVOCATES FOR THE
PETITIONER
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
NOTICE OF APPOINTMENT AS ADVOCATES ORDER IV (1) CAP 27
Messrs. Dindi & Company,
Flat 1, Zurich Court,
Broads Road, Rhodespark,
P.O. Box 34872,
LUSAKA.
ADVOCATES FOR THE PETITIONER
IN THE HIGH COURT OF ZAMBIA 2014/HP/____
AT THE PRINCIPAL REGISTRY
AT LUSAKA
(CIVIL JURISDICTION)
In The Matter Of Regulation 2 of Statutory Instrument No. 156 Of 1969
And In The Matter Of Article 28 (1), Article 20 and Article 23 of Part III for the Protection of the Fundamental Rights and Freedoms of the Individual under the Constitution of Zambia Cap 1 of the Laws of Zambia
And In The Matter Of The Petition by MISA Zambia, Against The Decision of The State to bar Private Media From Covering The Official Opening of The Fourth Session of The Eleventh National Assembly On 19th September, 2014 by The President Of The Republic of Zambia His Excellency Mr. Michael Chilufya Sata
In a Matter Of a Petition by MISA Zambia Against the Discriminatory Decision by the State Apparatus to allow Journalists from Public Media Houses and The Post Newspaper to Cover the Official Opening of The Fourth Session Of The Eleventh National Assembly On 19th September, 2014
In a matter of a Petition by MISA Zambia against the decision by the President of the Republic of Zambia baring Journalists from the private and freelance media from entering and covering public events at State House and other Rallies addressed by His Excellency the President of the Republic of Zambia Mr. Michael Chilufya Sata
BETWEEN:
HELLEN MWALE PETITIONER
(Suing in her capacity as Chairperson for the Media Institute of Southern Africa (MISA Zambia)
AND
ATTORNEY GENERAL 1ST RESPONDENT
THE SPEAKER OF NATIONAL ASSEMBLY 2ND RESPONDENT
CERTIFICATE OF URGENCY CAP 25 RULE 48
I, MARSHAL MUBAMBE MUCHENDE, Advocate for the petitioners herein DO CERTIFY that the
hearing of the PETITION is of utmost urgency as the Official Opening of the Fourth Session of the
Eleventh National Assembly on 19th September, 2014 at 10hrs.
Dated at Lusaka …………………………………….day of …………………………..……………2014.
……………….……….…………………………………
MARSHAL MUBAMBE MUCHENDE
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