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President Rupiah Banda had said that the photographs were pornographic, but magistrate Charles Kafunda said the prosecution had not proved that the photographs corrupted morals, and they were therefore not obscene.
"The pictures fall outside the circumstances of determining obscenity.
Kabwela had distributed graphic images of childbirth to government officials to illustrate the effects of a Zambian nurses' strike. On July 13, 2009, Kabwela was arrested for "distributing obscene material": on June 10, in order to illustrate the effect of a strike by Zambian nurses, she sent government officials photographs of a woman giving birth in a hospital parking lot without benefit of medical assistance (the infant, who was in the breech position, suffocated during delivery).
A Zambian journalist accused of distributing pornography because she sent officials photographs of a woman forced to give birth in a carpark outside a hospital was found not guilty yesterday in Lusaka.
Speaking to German Press Agency Deutsche Presse-Agentur she stated she had acted in good faith and had attempted to bring attention to the effects of the strike. Since President Banda's election in October 2008, he has had a difficult relationship with the press, in particular with The Post, whom he accuses of conspiring with the opposition by reporting false stories about his government; The Press has made a number of accusations of government corruption.The accused, Chansa Kabwela, faced a prison sentence of five years; she contested that she had only mailed the photos to highlight the effects of a strike at hospitals throughout the country.The baby shown in the photos had died because of lack of medical attention.Njovu was narrating in a case in which she sued Chota Mutale for compensation for adultery. Njovu told the court that she started hearing rumours about Mutale having an affair with her husband but only believed it was true when she discovered the video of her husband with Mutale. So I approached her parents when I saw the video but her sisters physically abused me,” she said.Mutale admitted to having a sexual relationship with Njovu’s husband.