Media watchdog condemns editor's arrest

The Zambian chapter of watchdog body the Media Institute of Southern Africa (MISA) has condemned the arrest on Wednesday of a Zambian editor for allegedly criminally defaming President Levy Mwanawasa. Police arrested Fred M'membe, managing director and editor-in-chief of The Post, Zambia's only privately owned daily newspaper, after he accused the country's president of "foolishness", among other invectives. Expressing concern, MISA chair Kellys Kaunda told IRIN, "Naturally we are very disappointed that the state has had to use criminal laws to solve an ethical issue." M'membe penned a scathing editorial in Monday's edition of The Post, questioning Mwanawasa's capacity to act rationally, and wondered about his suitability for the presidency. At the centre of the issue is the government's refusal to give in to continuing public pressure to adopt a new constitution ahead of next year's presidential election. A draft constitution produced by a Constitutional Review Committee (CRC) was rejected by the government last week. The CRC's recommendations included a provision that a president should be elected by more than 50 percent of the vote. Mwanawasa narrowly won controversial elections in 2001 with just 28 percent. At the weekend, Mwanawasa reportedly attacked founding President Kenneth Kaunda for suggesting that Zambia's bid to rewrite its constitution would proceed more smoothly if the president met with opposition and civil society leaders to hammer out their differences. The Post's editorial was a comment on Mwanawasa's speech. MISA's Kaunda said, "If they have a problem with M'membe over his ethical conduct they should use civil laws and not criminal laws - the way we see this is that the state is acting brutally to suppress perceived dissenters ahead of the elections. There is nothing Fred did that warrants an arrest, because the national draft constitution should be freely debated by all." Amos Malupenga, managing editor of The Post, confirmed M'membe's arrest and said the newspaper would be applying for bail. M'membe, a controversial journalist, was arrested three years ago after he called former President Frederick Chiluba "a thief". Earlier this year he was questioned by the police after a series of articles critical of Mwanawasa. On Sunday Mwanawasa took on M'membe publicly, noting in a televised complaint, "Every day I am called foolish; I am incapable; I must be booted out. I think they [The Post] must direct their efforts towards sensitising people to vote me out, otherwise I will come back." If M'membe is found guilty of criminal defamation he could be jailed for three years without the option of a fine.