ZAMBIAN NEWS EDITOR ACQUITTED OF PORNOGRAPHY CHARGE

C O N F I D E N T I A L LUSAKA 000804

SIPDIS

STATE FOR AF/S JNAMDE

E.O. 12958: DECL: 12/31/2019
TAGS: PGOV KCOR ZA
SUBJECT: ZAMBIAN NEWS EDITOR ACQUITTED OF PORNOGRAPHY CHARGE

REF: A. LUSAKA 521

B. LUSAKA 552

C. LUSAKA 638

D. LUSAKA 700

Classified By: Ambassador Donald E. Booth for reasons 1.4 (b,d)


1. (U) Lusaka Chief Resident Magistrate Charles Kafunda
acquitted The Post News Editor Chansa Kabwela November 16 of
"circulating obscene matters or things tending to corrupt
public morals." According to media sources, Kafunda found
that prosecutors failed to make their case and that photos
circulated to Zambian government (GRZ) officials and civil
society leaders did not "corrupt morals."


2. (SBU) Prosecutors indicted Kabwela July 13 for sending
three photos to Vice President George Kunda, Secretary to the
Cabinet Joshua Kanganja, Minister of Health Kapembwa Simbao,
the Archbishop of Lusaka, and the NGO Coordinating Council
(NGO) executive director showing a woman giving birth outside
a hospital during a June national health worker strike.
(NOTE: The woman's husband took the photos while she was in
labor and sent them to The Post; the baby later died. END
NOTE.) Kabwela claimed she mailed the unpublished photos to
underscore the lack of health service availability during the
strike. GRZ officials, including President Rupiah Banda,
publicly labeled the photos "pornographic" and called for
Kabwela's arrest. Following the verdict, Kabwela told the
press she believed her case was politically motivated.


3. (C) COMMENT: Kabwela's unexpected acquittal is a
welcome end to a politically motivated prosecution (refs
A-D). The verdict appears to be an encouraging instance of
judicial independence in which Kafunda ruled against the
government's stated position. However, the case does not
necessarily represent a reversal of the government's
ham-fisted approach to press freedom and media independence.
END COMMENT.
BOOTH