High Court Judge frees Journalists, says it is unconstitutional arresting someone for publishing false news
The Lusaka High Court has declared null and void section 67 of the penal code of the laws of Zambia acquitting FODEP Chief and two Journalists from Daily Nation.
The Police in December 2013 arrested FODEP Executive Director MacDonald Chipenzi together with two Journalists Richard Sakala and Simon Mwanza of the Daily Nation newspaper after publishing a news story alleging that police were conducting secret recruitment.
Police spokesperson Charity Chanda had said the trio were charged for the offense of Publication of false information with intent to cause alarm contrary to section 67 subsections (i) and (ii) of the penal code cap 87 of the laws of Zambia.’
But in a landmark verdict today (Thursday)Lusaka High Court Judge Isaac Chali said the law in question offends the constitutionally guaranteed freedoms and impedes the operations of the press.
The Judge further observed 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.
Judge Chali then acquitted the trio.