Arthur Lubinda Wina, Frederick Titus Jacob Chiluba ,Veron Johnson Mwaanga and Others v The Attorney –General (1990-1992) Z.R 95 (H.C).

Law Issue in this case.

This was a Constitutional matter before the High Court that was tasked with determining whether or not the President of the Republic of Zambia has the legitimate authority/power to issue directives to limit access to the usage of Public Owned Media Houses by opposition political parties.

Brief Background to matter.

The President of the Republic of Zambia in 1990, The late Dr. Kenneth David Kunda had, at a news conference, issued a directive that certain government owned newspapers were not to provide coverage to or accept advertisements from the Movement for Multi-Party Democracy (“MMD”), the main opposition political party at the time.

The petitioners as a result of the said decision by the then President did herein apply to the High Court for on order quashing and setting aside the directive given by the President limiting access to Government owned media houses to the opposition, as it was the petitioners view that the said directive violated their rights in terms of article 22 and 25 of the Constitution of Zambia,1991.

Kindly note that at 10:23 of this episode, the Host does make mention that the Constitutional Court has been given authority to adjudicate on Constitutional violation. Please be informed that the correct Constitutional provision is Article 128 of the Constitution of Zambia (Amendment No.2 of 2016) .