The Foundation for Democratic Process (FODEP) is closely following the defamation case between the Republican President H.E. Michael Sata and the Daily Nation proprietor Mr. Richard Sakala with keenest interest.
This is so because the case is unique and unprecedented and exposes the weaknesses in Zambia’s legal framework.
The fact that the current legal framework under Article 43 (1) and (2) of the current Constitution protects a sitting President from legal proceedings but is mute on what happens if the sitting President wants to take legal action against a citizen exposes its greatest weakness in a democratic society like ours.
Instead, the current law promotes the administration of selective justice where some people are above the law while others are under the law which is undemocratic and against the principles of the rule of law.
This case alone highlights a constitutional lacuna in the sense that an aggrieved citizen cannot institute legal suit against a sitting President but a sitting President can institute legal action against a citizen when aggrieved. This is the reason Zambians should intensify their demand for a new people driven constitution to seal up such constitutional gaps that favors one section of society against the other.
We hope that the judge handling the matter will not be intimidated to dispense justice on such a classic case but be overboard especially that the person involved in the case is the appointing authority.
We further pray that the case will not send intimidatory signals to upcoming media institutions from carrying out their functions as mirrors of society. Finally, we hope this case will not stifle press freedom and freedom of expression in Zambia due to fears of facing the powerful in society.
McDonald Chipenzi
Executive Director
And what if the President loses?
What if the President was really DEFAMED?
And what if the daily nation lines up ten lawyers to cross examine him one by one?
Mutembo Nchito should resign to pave way for me to handle the prosecution, he is also part of the accused.
But this case Richard Sakala has brought upon himself will be Armageddon!!
Who is defending Ba Sata or who is Ba shi Mulenga’s lawyer, before we enter NOLLE PROSEQUI ?
At least this proves that he is fit by attending all the court sessions.
What if our president is convicted and sentenced to prison with hard? Iam getting worried.
We live in a pure Banana republic.
Don’t say ‘we’ but say I live in a banana republic.
We live in a pure Banana republic
the Banana republic is just in your head .come back to earth and face reality at least thats what sata is doing,something that you the rich and educated have never thought of and i believe thats the reason he won the last election .
sata has stripped himself of immunity automatically by participating in court proceedings. So apa all those with complaints should have sued him while he was in court as his immunity in that instance was off or just wait when he comes back again. our equality before the laws of zambia supersedes any one mans imunity by virtue of affiliation, office, creed or race. it is apparent therefore in this case that the president had lost his immunity by virtue of him particiating in legal actions against an individual to give precedence that all are equal before the law.
He won’t show up for cross examination as he was just posturing in his usual harebrained style. Otherwise, what an opportunity to tear him apart.
he will probably even withdraw the case ukutiina ukusebana
Shielding his friend from prosecution was done in his capacity as president,but how does he sue in his private capacity?
Zambia Shall Be Saved from this circus.
This is the case that other Lunatic called Nchito should have taken over instead of taking over the RB Vs M’membe case. This is so embarrassing. Kaponya in power for you. Does it get any worse than this? You bet it does. Load up more popcorns please
am shocked to learn that bwana chief lickerboot is still hurting and licking his bruzed knees and knuckles because of the beating by the kaponyaz in the last election. you better lean to live with it noooooooooow! because we are not going any where soooooon.
This is a civil case and a criminal case,
Civil cases doesn’t involve a prosecutor
Usually I have respect for you but the little I have you decide to throw it away. Don’t sink so low as to start behaving like these other youngsters on this blog. He is your president no matter what you do. You can die if you want. How dare you call someone’s father Kaponya? May God forgive you
@ C B liker,I thought you were learned.This is not a criminal matter to be handled by DPP,it is a civil case( Sata vs Richard Sakala and Daily Nations).Mmembe’s case is a criminal matter(The people vs Mmembe and the Post).People are normally represented by DPP.
His argument is crap.Putting that clause in the constitution will make it easier for people to be insulting the head of state and the office he occupies without worrying about any consequences.
Then are you suggesting that it is alright for the president to insult anyone just because he/she is president?
Certain positions comes with privileges dear no wonder he is president and you are not.The office he occupies must be protected.Thats just how the world works.
This type of thinking saulosi is the root of dictatorship. you are trying to make others more equal than some. presidency is different from kingship. the president is the servant of the people, he serves the people unlike a kingdom where the subjects serve an individual. With presidency, the people’s voice and authority is symbolised by the alw of the land, the constitution. thats why, the president swears in pledging his allegiance to the country and upholding the law therein, i.e the constitution and not the queen or king like you have it in the UK, australia, canada or whatever monarchy there be. If he can insult us, we should also be able to insult him. if he is protected by law, then we should also fall under the same law for protection.
Lawyers esp LAZ, can you make us understand the law better! This kind of a situation is unprecedented in the history of Zambia. Just thinking what will happen if the appointing authority (President) loses? In case he wins this case, will the people have confidence in such kind of a ruling?
We clearly need a straight forward constitution that does not leave such gaps….I call upon LAZ to enlighten the nation on this serious matter.
@questioner,
Yes, its OK, unfortunately there is nothing you can do about it. It is like that in most countries in the world. The president is a BIG CITIZEN. Insult him and you go in but if he insults you, nothing can be done apart from waiting for that day-election day-to cast your vote against him. Only your vote is the weapon.
I want to follow this case all the way to it’s conclusion. Mr. Sata please don’t include Kabimba on your list of lawyers, he has never won a single case all the decades he has been practicing law!!!
FODEP, a very useless organization with bias comments as usual. In Zambia the freedom of expression is being misused and journalists themselves do not even understand how far they can go when reporting. Journalism ethics have been hijacked especially in this era of social media were people can report lies and hide their identities and reporting without facts. I would like to see many journalists sent to prison or indeed back to school so as protect the professional ethics!
“We hope that the judge …. will be overboard especially that the person involved in the case is the appointing authority”. Ba FODEP naimwe do you really want the judge to be “overboard”? Thought the words to use are “ABOVE BOARD.”
John we need to ship you to boko haran, you don’t know about freedom of speech,media, tolerance, human rights, learn to tolerate people with different
views, who told you to read what they are writting, you have a choice too not to
read their reporting.
Freedom of expression is not freedom to insult, slander or propagate lies! This is what we are seeing today in these so called journalist! Please use your brains to think!
from the time Mushota was exposed, she is been awlfully quiet,….she was asked a simple question: “why are you always the first one to comment on every article, could you be the admin of this site?”….she never responded BUt went DEAD thereon
The President faces a case of perjury already for lying under oath. He said he is 72 years when in actual sense he is 77 years. We will know when cross-examination comes. Remember the defense applied for adjournment so that they beef up the team. Hope they include Prof Mvunga etc
The President faces a case of perjury already for lying under oath. He said he is 72 years when in actual sense he is 77 years. We will know when cross-examination comes. Remember the defense applied for adjournment so that they beef up the team.
Where is Mushota, has your madness gone beyond yo katekaz ur in a mental hospital.
Presidents can be sued after their mandates are over. Firstly, former presidents can then answer allegations of wrong doing at civil level, such as committing adultery while in office. Former presidents can also be asked to answer criminal allegations as long as immunity is lifted. However, any attempt to discredit or undermine a legitimate sitting Head of State at civil level can be settled instantaneously. The free press goes with professional ethics and responsibility. It is not right to imitate and mimic foreign legal systems when our country is an oasis of peace.