Lusaka High Court judge Albert Wood has quashed the contempt of court proceedings against Post editor Fred M’membe, his deputy Sam Mujuda and Professor Muna Ndulo.
The Post team and Professor Ndulo applied for judicial review after being cited for contempt by magistrate Charles Kafunda.
Judge Wood late Friday said that the magistrate misdirected himself and ordered that the proceedings be stopped.
Judge Wood recently directed and ordered that proceedings relating to the alleged contempt of court case involving M’membe, Mujuda and Prof Ndulo be stayed until after the hearing of the motion for judicial review.
According to an order granting leave to apply for judicial review filed in the Lusaka High Court, judge Wood directed that further proceedings relating to the case be stayed. Judge Wood’s decision came in the wake of Lusaka chief resident magistrate Kafunda’s move to issue a bench warrant against M’membe.
This follows a complaint by the prosecutors in the matter in which Post news editor Chansa Kabwela is facing one count of circulating obscene matters or things contrary to the law that an article authored by Professor Ndulo [The Chansa Kabwela case: a comedy of errors] and published in The Post edition of August 27, 2009 was contemptuous.