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ACTION ALERT UP-DATE - ZAMBIA
FEBRUARY 16, 1996


POST TRIO BAIL UNDER REVIEW

Judgment on whether or not three editors of The Post newspaper will go back
to jail has been adjourned until March 7. A High Court judge today ruled
that the court could review a decision taken on February 7 to grant bail to
Editor-in-Chief Fred M'membe, Managing Editor Bright Mwape and Special
Projects Editor Matsautso Phiri. Arguments for and against allowing the
journalists out on bail were then presented, before the judge adjourned the
hearing until March 7, when a decision on whether or not the three will
continue to be granted bail will be given. M'membe, Mwape and Phiri are
charged with contravening the State Security Act for a publishing a story
in the February 5 edition of The Post revealing that the government planned
to hold a referendum on the adoption of a new constitution. The edition was
banned by President Frederick Chiluba on the day it was published, and
remains a prohibited publication in terms of Section 53 of the Penal Code.
No date has yet been set for the editors' trial.

Mwape told MISA this afternoon (February 16) that the cabinet announced
yesterday (February 15) that it would go ahead with the referendum which
The Post reported on in its February 5 edition. However, Mwape added that
none of the Zambian media besides The Post had reported the cabinet's
decision for fear of contravening state secrecy laws. President Chiluba
last year banned debate on the constitution, although Mwape says no law was
cited for this ban.

The government was trying to create a situation whereby the media was too
scared to report on controversial issues, said Mwape. "That is why we
continue to report on matters that government considers secret, but which
we consider to be in the national interest."

Meanwhile, The Post in its February 14 edition reported that journalists
from The Post and another privately-owned paper, The Chronicle, were on
Tuesday (February 13) barred from entering State House to report on a
courtesy call made on President Chiluba by the President of the
International Lions Club.

According to The Post, the journalists had initially been invited to cover
the event, but arrived to find their names crossed of the list of
authorised media.

ends.

David Lush
Media Institute of Southern Africa (MISA)
Private Bag 13386
Windhoek, Namibia
Tel. +264 61 232975, Fax. 248016
e-mail: dlush@ingrid.misa.org.na