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Presidents Shouldn’t Sue Journalists – Amsterdam

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Responding to a decision by the Lusaka High Court to allow a defamation suit brought by His Excellency President Michael Sata to proceed, as well as the personal appearance of the head of state in a separate court proceeding brought against Daily Nation editor Richard Sakala, lawyer Robert Amsterdam released the following statement:

Firstly, I intend to appeal this decision regarding the visa. Secondly, I announce my willingness and availability to travel to Zambia to appear before the court provided the authorities grant the visa.

The decision to file an application before the court regarding the refusal to issue a visa was made following comments delivered by the late Minister Kennedy Sakeni, which made the Patriotic Front government’s decision to withhold the visa very clear.

According to an article published in the Post Newspaper on June 9, 2012, Mr Sakeni declared: “In fact let me tell you that from the word go, he is not welcome. We do not need him as tourist. Let him go and tour other countries. That is the position. We can’t allow a foreigner to come and start engaging in our internal affairs. He should forget about that VISA.”

It is regrettable that the distinguished office of the Presidency of the Republic of Zambia is dragged into lawsuits against journalists and private citizens based on their political beliefs and opinions. With all the urgent problems Zambia is facing, it’s remarkable that the President finds the time to take a break from official duties to persecute journalists.

These costly lawsuits not only send a chilling message with regard to freedom of expression and freedom of the press, but also present an injustice, in that under presidential immunity, one party cannot be held liable in a counter-suit.

Presidents shouldn’t be suing journalists. One is in a position of power, while the other has a job to hold those in power accountable. As active public figures, heads of state must accept public scrutiny. Furthermore, lawsuits against journalists tend to backfire because they attract more public attention to the issues under dispute.

One must question the wisdom of those advising His Excellency President Sata. The Office of the Presidency should be dedicated to fulfilling its constitutional duties, not protecting private interests.

The post Presidents Shouldn’t Sue Journalists – Amsterdam appeared first on Robert Amsterdam Zambia.


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