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afrol.com, 22 December - Fred M'membe, editor-in-chief of the "The Post" newspaper, has been acquitted on charges of espionage by the Lusaka High Court. He and 12 journalists had been charged of espionage profitting Angola after publishing an article in March 1999 disclosing that the Zambian army was weeker than the war trained Angolan. In acquitting the journalist yesterday (21 December), Judge Elizabeth Muyovwe said the state had failed to prove that the lead story published in the "Post" on March 9, 1999, headlined "Angola worries Zambia Army, ZAF", alleging that Zambia's military capability was inferior to that of Angola, was classified. Neither did it prove that by publishing the article, M'membe was spying for Angola. - I find no evidence to show that the accused was spying for Angola or any other foreign power or that indeed in publishing the article it was to benefit Angola. Mere publication of the story in question does not show that it was for purposes prejudicial to the Republic nor does it establish the offence of espionage, judge Muyovwe said. On August 18, 2000, M'membe was put on his defence for espionage, while 10 of his co-accused were discharged. The case dates back to March 10 last year when police began a general swoop against reporters from the newspaper after it published the contentious story. Six journalists, Brighton Phiri, Lubasi Katundu, Kelvin Shimo, Goodson Machona and Joe Kaunda were initially arrested and detained for two days on possible charges of espionage, but were released by the Lusaka High Court on March 12 when they successfully challenged their detention via a Habeas Corpus hearing. The state's case collapsed because the arrests were improperly done. However, the state began re-arresting the journalists and charging them with espionage from March 20 until the total number arrested reached 13 by the time the case was transferred to the High Court from the magistrate's court on April 16. Two journalists, Amos Malupenga and Mukalya Nampito, were later released when the state decided to drop the charges against them, leaving only 11 accused.
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