The case in which the Patriotic Front (PF)’s Information and Publicity Chairperson Raphael Nakacinda is charged with defamation of the President has been referred to the Constitutional Court to rule whether it can continue in the Subordinate Courts.
Hon Nakacinda’s Lawyer Makebi Zulu said this follows an application made to refer the matter to the Constitutional Court.
“Were as the Constitution provides for national values and principles and espouses the principle of equity, social justice, equality, and non-discrimination. We have a situation where article 98 of the Constitution gives immunity to the President that no civil or criminal proceedings can be instituted against him. Then how can he be cross-examined in instances where he is said to institute litigation against others?” questioned Mr. Zulu.
“We have argued that if the President is able to defame others saying “you are a clique of thieves”, the same said of him it becomes a criminal case. Where is equality? The state has agreed that there is a Constitutional question to be raised. The Court has said in the latter that there is no objection. The matter has been deferred for ruling as to whether it continues in the Subordinate Courts on Friday, January 28,’’he said.
Legal gymnastics
Simple and straight forward case referred to con court. Its not going anywhere.
This is making the ludicrous lawyer look like a genius. Whatever is going on is only legal because it is legislated. Otherwise defining a defamatory statement or insult is very highly subjective. If you bring in cultural norms it even becomes a massive mess. I urge MPs to quickly move a repeal of the defamation of the president as well as the insult clauses from the constitution forthwith. Strengthen instead the hate crimes and general libel and slander laws outside of a presidential clutch…
“……We have argued that if the President is able to defame others saying “you are a clique of thieves”, the same said of him it becomes a criminal case. Where is equality?……..”
If you call him a theif………..
You just have to prove n court that he is indeed a theif………..
What is the problem with that ????
Mr. Makebi, the law is the law. It was not pased by UPND . People were arrested and jailed under your reign of misrule. What has changed now.
The Law must not indiscriminate. If you think you are special , then you are greatly mistaken.
More workload being put on Concourt because some moron would rather insult than just articulate issues …This Makebi Zulu is making a lot of money from these thieving friends of his.
SC John Sangwa took the existing defamation law before the high court and Supreme Court in 1998 on grounds that it violated an individuals human rights. He lost the case in both courts.
This means that the Supreme court then set a precedence in its judgement.
The PF lawyers know that Nakachinda is losing his case on those grounds.
Only hope they have is to move the case to the PF friendly ConCourt
Mr Makebi is very right in the action of taking the matter to the constitutional court and also in his well reasoned arguments. This is an archaic law designed by the Colonialists to prevent ichibeleshi. So as to keep the natives from going on to physically attack the Colonial Governor. It cant continue as if Zambia’s citizens are in diapers.
Why must insults be one sided? If he insults our intelligence as Zambians, we should insult him back. Iyi yeve yavutako. Tekanyeni!!!
Makes a lot of sense, how can Vasco call others ” a clique of thieves” , but he cannot be told to “sit down” by his colleagues? At the same time he is instructing security wings to fix his political opponents.
Teka amatako panshi
The law against defamation again…. scrap it?
This also exposes the inequalities of those who face the law, the haves and have nots, that money also is a factor before the law! Had it been any of the ordinary Zambians categorized as low standing in social circles coupled with resources challenges the case would have already been disposed of with the accused behind bars! However not for Nakachinda for he sees himself a “big” boy who can use insults and disparaging language on the presidency and get away with it! The same law the “learned” Makebi Zulu is bringing before the ConCourt and which no lawyer stood in support of Sangwa @ Independent had no issues under the PF administration! A case of what goes round comes round only that now the current administration has allowed the citizenry to find their voice!
Nakachinda is so disrespectful even his stupid name is almost an insult, he needs a severe beating, a near near death experience.lol