The editor-in-chief of Zambian daily the Post, and International Press Institute (IPI) member, Fred M’membe, appeared in court in the Zambian capital Lusaka on Monday on contempt charges brought after the newspaper published an op-ed in August 2009 about an ongoing ‘obscenity’ case against the Post editor Chansa Kabwela.

In the piece, entitled “The Chansa Kabwela case: a comedy of errors,” Cornell University law professor Muna Ndulo criticised the charges brought against Kabwela after she sent photographs of a woman giving birth in the street to the country’s vice president and health minister, as well as other officials, to draw attention to the consequences of a health sector strike. She faces up to five years in prison if found guilty. The photos were never published by her newspaper.

Ndulo wrote that the charges were uncalled for, and that the case was detrimental to Zambia’s image abroad.

Ndulo, the Post’s editor-in-chief M’membe, and the paper’s deputy editor and legal counsel Sam Mujuda were cited for contempt under Section 116 of the Zambian penal code, which criminalizes speech or writing that could prejudice opinion regarding an ongoing judicial proceeding.

A Post spokesperson told IPI that the prosecution brought one witness on Monday and that M’membe’s case was then adjourned until Wednesday, 11 November.

Fred M’membe pleaded not guilty to the charges on 14 October 2009. He could face up to six months in prison if found guilty.

“We continue to call for justice, and ask the court to drop all contempt charges against The Post and its employees.  It is contrary to the spirit of press freedom for the state to seek to punish a newspaper for printing an opinion piece on its editorial pages,” said IPI Director David Dadge. “In light of the original ‘obscenity’ charge brought against Chansa Kabwela, which IPI also finds baseless, it appears that the Zambian government is simply targeting the Post for its critical stance.”