Tuesday, December 24, 2024

Police finally charge Siwale with defamation of the President

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Fresher Siwale
Fresher Siwale

POLICE in Lusaka have finally charged Fresher Siwale with defamation of the president, three days after he was apprehended for calling President Edgar Lungu an identity fraud.

Siwale, the New Labour Party president, was on Tuesday afternoon arrested and detained for questioning President Lungu’s identity.

Siwale was warned and cautioned at 16:40 hours on Friday before he was formally arrested in the presence of his lawyer Mulenga Mutamfwa of Keith Mweemba and Associates.

The opposition leader says the President is Jonathan Mutaware and not Edgar Chagwa Lungu, whom he claims is deceased.

He has gone to the extent of producing a photocopy of a National Registration Card number 216992/67/1 in the names Lungu Edgar Chagwa, which was obtained in 1973.

The NRC has a picture of a full-grown man resembling President Lungu, who was only 17 at the time the document was issued in Kitwe.

Earlier before being charged, Siwale collapsed in police cells at Lilayi Police Training College where they went to hide him after he was kept without food all day and night.

67 COMMENTS

    • Lungu is an imposter because of the division and chaos seen on his watch that has never been witnessed in the beautiful country before. There appears to be a lick of compassion in the man which is not Zambian, and the vote is closed! I an using dictatorship I have learnt from Lungu.

    • Imagine Obama arresting Trump & sending him to Guantanamo Bay Prison, keeping him a full day without water or food and instead of producing his birth certificate, he charges Trump with defamation.

      Malawians have dictatorial tendencies: Kamuzu Banda, KK, RB & Mutaware himself.

  1. Defamation of the president? What hapoened to freedom of speech? He should have the right to talk and be silly nut should never be arrested for being silly. Defamation which is “the action of damaging the good reputation of someone; slander or libel” is something that ca settled in a civil case not in a criminal case. People need to be above being petty and let freedom of speech win.

    • You read the penal code which is chapter 87 of the laws of Zambia and see that it’s not just a defamation but it’s defamation of the president and if found wanting he/she can be convicted for minimum five years the president cannot sue

    • The fact that it is in the penal code doeznt mean it is right or just. It just means some morons want a dictatorship even when we opted for democracy. It shouldn’t be in our laws. Only very insecure citizens would want defamation of the president to be a crime. The president is like you and me. Why does he need protection from being caricatured? Is this going to affect his performance in office? If so then he is too weak to be a president. He must find another job

  2. I see another nolle otherwise someone will be exposed in court! Do not I didn’t tell you about the nolle ,,,,,,,,,

  3. Why deny him food and sleep for a mare defamation case? Something is amiss here, whether he is lungu or mutaware, the truth will eventually come out. Why treat your fellow citizens in this manner? No wonder in Zambia who ever leaves the presidency never enjoys their retirement like in Botswana and these other countries. Take him to court ASAP we hear the whole story of mutaware and lungu.

  4. Parliamentarians. You need a law that ensures that suspects should be charged whether it is Friday or Sunday, otherwise police should not be allowed to arrest people on Friday etc. I can assure you, one day, we will fight back this foolishness. You will see. You cannot have a silly government of *****s infringing peoples rights every day while overburdening them with useless taxes such as bore hole tax, rent tax, mobile phone tax, tv levy, toll fess etc. i’m really sick of the way you are treating citizens. Your days are numbered.

    • I’m with you citizen. I believe in freedom of speech. So far our government has gagged journalists. Musicians are next thats why Pilato fled. Zambia is now Saudi Arabia

  5. Some thing is seriously suspect in this whole
    “…i can not respond to a mad man…”
    Thing from lungu…..

    i am now asking what lungu is trying to hide…??

    • @YAYD,
      How old are you? If you are a Zambian, do you even understand what is happening to basic civil liberties in your motherland?

    • Just go and wash those toilets properly today! Ndiye nchito ya unamazai yamene uli ku Chita mu diaspora wayamba kukamba Vinci vilibe nzeru!

  6. Wanya wanya teti ateke bwino!
    Leaders need to have big hearts like Obama to be able to withstand the scrutiny those in leadership must expect to endure!
    Make no mistake, this will go the way of Bill Cosby! What started as a joke became serious to the point of criminal conviction!

  7. This does not make sense. An NRC that was issued in 1972 is a different make or type (in design) compared to the copy we have seen. I had a NRC that I got in the 1980s & we were all required to go & change & get this new one. So yes the NRC will have the face of a grown up man bcoz its a new type. So this nonsense about lungu is just politics

    • that would make some sense. Where on earth do you detain someone for three days for defamation? Donors please cut aid to Zambia until this law is repelled

  8. Very good. Now allow the course of justice to take its own course. But why detain him? They could have simply called him in for questioning, charge him and then let him go home to prepare for his day in court. Is that too civilised for them to do?

  9. The Lazy Coward Edgar strikes again…keeps someone for 3 days in the Police Cells thinking of something to charge knowing that the man was due to make an announcement on Friday yesterday.
    Something is not right here….these fooools are trying to strike a deal with him no wonder they are hiding him.

  10. Let that Siwale thing dance pelete in police cell as he asked for that together with ka Mike Mulongoti!!
    Keith Mweemba’s law firm just works for charity?This law Firm backs anyone who is against PF!!!i now see why Keith Mweemba drives a run down toyota corolla while his fellow lusaka lawyers live a very good life!!as usual Mweemba supports his fellow tonga Kainde!!
    Thank God Zambian voters have seen how evil are HH’s followers,hence voting against UPND always!!
    NO SYMPATHY FOR THIS FO0L CALLED SIWALE OR MULONGOTI!!

    • Why do Zambians thrive and cherish injustice? Are you one of those Rwandans who were hacking other people hiding in Zambia? What is this culture of wanting innocent people to suffer. Some of you sound like killers or are ready to do so.

  11. Everyone has rights. You can not continue attacking someone who can not defend himself and foolishly call it freedom of speech..! Good lesson to all bitter and jealous people. Stop collapsing tricks….u have to be strong wen u start a fight..cowards…! People like finished and frustrated Mulongoti should be arrested for having campaigned for a foreigner in 2015..! He campaigned for Lungu in 2015 hoping to be rewarded with a job….but all in vain..!

  12. This is civil case, the president is the one to Sue this fool Siwale. The question the police would be asking we’re did he get the NRC.

  13. Njimbu: What is it about you and HH? Lawyers don’t impose themselves on clients. Clients themselves choose which lawyer to engage. Keith Mweemba is a young lawyer just trying to establish himself in practice. He drives a car he can afford and that is great but among PF supporters it is something to look down upon. Keith has earned himself name-recognition by taking on high-profile cases that generate a lot of media interest and through that he gets himself known by those seeking legal services. Why should that make you lose your sleep? And in any case, he is not even the lawyer dealing with Fresher Siwale case.

  14. This is how you can separate boys from men on this Earth.

    Obama was repeatedly and hurtfully accused by Trump that he was a fake American, born in Kenya. What did Obama do? Obama did not get Trump arrested for deformation of anything, much less his character because he knew his character was above reproach and could NOT be dented in the slightest by Trump’s trumped up racist accusations. Instead, Obama simply published his birth certificate and joked about it at a Whitehouse dinner party which Trump attended. See this youtube link — youtube(dot)com/watch?v=H1unuqKjsRk That actually earned Obama more respect. That’s a mark of a grown mature man of integrity.

    Now, lets look at Lungu. He is accused of precisely the same case as Obama almost to the letter. And both Obama and Lungu…

    • Cont’d … Lungu are Lawyers, but look at how disgraceful Lungu has responded. In Lungu’s there is a clear mark of an immature scared dull boy hiding inside. It is now taking HRC to speak up to prompt Lungu’s PF Govt about civil liberties & rights of citizens. This is very embarrassing to our motherland.

      Therefore, Lungu is evidently a boy, and Obama is evidently a man. As simple and straightforward as that.

    • Even if Obama wanted to he couldnt have locked up Trump on this claim. Because in America the citizen is protected. In Zambia it is the president who is protected

  15. Why is pp lungu worried over this matter? Is there some truth in it? I would suggest that he comes out and tell us what the truth is to clear our minds
    Arresting people will only raise eyebrows

  16. Our ‘competent’ immigration department. You keep records and it is your job to step in if needed. Now you can calmly and simply put this issue to rest by providing the most accurate records. If you do not have records which I know you don’t, this why, I want Zambia to go back back to basics. We need to ‘clean our house’. Had we already done so by now you could have done the right thing this is 2018. Do you know why you get paid? Why are we having this discussion about national records and documents taking this long to resolve?

  17. “Earlier before being charged, Siwale collapsed in police cells at Lilayi Police Training College where they went to hide him after he was kept without food all day and night”.
    These so called politicians are just weak, sickly or faint hearted. How can he collapse after missing food for one day, 24hrs, only? Strong willed freedom fighters fast even for one week or more. Ebalefwaya ukututeka aba, atase weakling, politics is not for weak, kosafye Fresher Siwale, its just started.

  18. ECL has told you several times that he’s a Zambian. He has gone as far as providing information about where he lived, went to school and getting the chiefs to confirm his origin. Yet you don’t listen. Do you want him to keep shouting non stop that he is a Zambian? No, he won’t because he is not like those who keep shouting for the petition to be heard despite being told the game is over. So, cage them. May be they will learn to listen once and let sleeping dogs lie.

    • @Lobyolo,
      If you know where Lungu was born other than the alleged 1956 whites-only Ndola Central Hospital, and which PRIMARY school he went to, then please inform us.

      But more importantly, according to you, HOW on earth is it an offence, jail-able for that matter?, to question these glaring anomalies? And to question Lungu’s NRC?
      Or are you one of these PF parasites shamelessly sponging off Tax-payers money, and you are trying to keep it going?

    • @Brass. Firstly, I’m not PF but I give credit when and where it’s due. Secondly, no human being is a parasite unless you gave birth to one to know how it looks like. Third, I’m not employed in the Zed SA Embassy to earn tax payers money. I’ve worked hard to get to an Executive position in the private sector in SA and have invested home hence I’m a tax payer. Lastly and to get to the point at hand, it’s an offense not to report a crime. If anyone has irrefutable evidence that ECL is not a Zambian, a case needs to be opened against him. We all know a case can’t be opened by shouting loudly in the streets. Therefore, I won’t tell you whether or not ECL is a Zambian because you still won’t believe me.

  19. This is good because this Siwale can go to to court and argue different. It is his right to exonerate himself. Wait for the evidence!

  20. Stupidity has crippled good governance and by our own msking as Zambians…..Why should one questioning nationality be subjected to police brutality??? Why shud people raising concerns of rampant corruption be subjected to police brutality? We Zambian are to blame, we foolish and full of mediocre….instead of taking interest to establish truth whether there is a case or not….we are quick to take issues as comedy. It won’t be long we citizens will become hard hit be by the fruits of corruption, lack of freedom expression etc. Let work from slumber and demand our liberties that have deteriorated….and with citizens living in fear !!!!!

  21. Stupidity has crippled good governance and by our own making as Zambians…..Why should one questioning nationality be subjected to police brutality??? Why shud people raising concerns of rampant corruption be subjected to police brutality? We ourselves as Zambian are to blame, we foolish and full of mediocre….instead of taking interest to establish truth whether there is a case or not….we are quick to take issues as comedy. It won’t be long we citizens will become hard hit by the fruits of corruption, lack of freedom expression etc. Let us wake up from slumber and demand our liberties that have deteriorated….and with majority of citizens living in fear and abject poverty !!!!!

  22. There comes a time when some sort of action is required to bring sanity to a country. Actions such as these may not be welcome but if that is the only language that cockroaches understand so be it. A few cockcroaches cannot be allowed to disturb the daily lives of millions of Zambians and get away with impunity. Sorry Fresher Siwale, ask h.h to help you out of this, or his Royal Lowness chieftainess Mukuni. No, not Mulongoti, he cannot even afford a bag of mealie meal.

  23. I am by nature a very humble person but I get easily irritated when certain people deliberately try to twist facts just to suit their selfish ends. The president’s immediate elder sister, Mrs Bertha Lungu Chama, of Lusaka’s Jack Compound, has been forced to come out in defence of her brother. It’s clear from her narrative in today’s Daily Nation that accusations that her brother is an identity fraud are not only totally false and unfounded but manifestly malicious. She has challenged those spreading such lies to contact her.

    It is shocking that already some *****s are saying that Bertha is not related to Edgar and that she was just bribed to issue that statement! That’s total madness especially that this lady bears such resemblance with the head of state. Not only that she also…

  24. Maybe you should stay without eating for 3 days let’s see how you will type on your phone…let’s if you even laugh!!

  25. Are people who are supporting this state brutality doing so out of political allegiances and a comfort zone or are just utterly ignorant in regard to due process and respect of rights? This is not, like other similar matters, something to be talked about flippantly. Its about humans and what an accumulation, consistent and systematic infliction of such State behaviour on them, has led to in history. This is about the country and holding its fabric together – not blind loyalty to politicians or parties.

  26. But how did a fully grown man obtain an NRC in 1973, where was he in 1964 when everybody regardless of age got their NRCs! Kenneth Kaunda got NRC no. 1 in Lusaka despite him having been 40 years at that time, in 1964!

  27. Jesus was charged for the truth,,,, and this is the happenings in our nation mind you the current government this a Christian nation please do not dictating people in such manner we all Zambia with a full independent speech…. AMEN

  28. Siwale is lucky to be slammed with defamation case because of police incompetence. For that reason, he will walk with only a caution and a few nights in cells. His charge should have been failure to report a crime since he says he has evidence or insiting hate speach or xenophobia against a legitimate Zambian.

  29. Let us learn to be just in whatever we do. Arresting others every time even for small things is not right. Lets learn love one another. God help us deliver our country Zambia

  30. Yes..we understand that uv persecuted too much by other people your heart is full of rage of which u feel like killing someone whoever challenges you but my humble advised or concern is that stop using your kachifukushi over innocent people in a different situation.
    Coz i remember sometime back in america there was a similar case between Obama n Trump and what did the wise n elderly people na mano do?
    There he went n produced his birth certificate,Trump ziiiii and it was game over. Not this sh***t going on…atase!!!!

  31. How Do You Prove a Defamation of Character Claim?
    Written by J. Hirby and Fact Checked by The Law Dictionary Staff

    Defamation of character is a term that is used to describe when false statement is written or spoken about an individual with the intent of harming or slandering their reputation. Unfortunately, defamation of character claims are extremely difficult to be proven in the court of law despite the fact that they are illegal. Any lawyer will tell you that as long as the truth is on your side anything is possible.

  32. Cont…
    What Do You Have To Prove?
    There are two things that you have to prove to be true in order to win a case of defamation of character in the court of law. First of all, you have to prove without a doubt that what was said or written about you is not true. Once you have proved that the statement is in fact false, you have to prove that the other person said the false statement with the intent of causing you some form of harm.

  33. cont..
    Slander and Libel
    There are two different types of defamation of character. The first is when someone verbally says a false statement about you. This is referred to as slander. The second is when someone writes down or publishes a false statement about you. This is referred to as libel.

  34. Cont..
    The Final Step
    Once you have proven to the court of law that the statement made against you was in fact false the last step is proving that the statement caused some form of damage to you or your reputation. Most lawyers are going to tell you that despite being the last step in the process proving that a statement has caused you harm is the most difficult part of the process. First of all, there is a clear different between a statement having the potential to cause you problems and the statement actually causing you problems. It is only considered defamation of character if the statement has actually caused you harm, not if it has the potential to cause you harm.

  35. Cont..
    In order to win the claim, you are going to need to prove that the false statement has always ruined your reputation. If you are a business owner, for example, you would need to prove how the statement has had a devastating impact on your business. The unfortunate truth is that this does mean you will have to wait for the false statement to cause problems in order for the court to take action against them.

  36. This is a clean case, the accused was in the wrong, period. Let him provide proof of his big mouth

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