A civil servant in Kasama has been sentenced to three (3) months imprisonment with hard labour by the Magistrate Court for defaming Republican President Michael Sata.
Kasama District Culture Officer Patrick Mubanga, 38, of ZAMTEL Compound was found guilty of the offence by Magistrate Monica Mwamulima when he appeared for judgement.
Facts before the court were that on 27th March, this year, Mubanga with intent did bring the name of the President into hatred and ridicule did utter defamatory words against the Head of State during a drinking spree.
And in mitigation, Mubanga appealed for leniency from the Court, saying he was a first offender and would lose his job and benefits as a government employee if convicted.
He also claimed that he was not in the right state of mind when he uttered the defamatory words against the President.
But Magistrate Mwamulima said the offence committed by Mubanga was serious and required a stiffer punishment to deter would-be offenders.
Magistrate Mwamulima further said Mubanga deserved a jail sentence for him to learn lessons that defaming the Head of State is unacceptable act in the Zambian society.
The sentence for the accused is with effect from 28th March, when he was arrested.
ZANIS
iye elo lwanya
What about the Indian chap who called Sata a canine? He should be in Chimbomkaila also
II think democracy jas been rightfully misunderstood in zambia..people critic even the greatest and that includes the likes of Obamas and many others. Plse leave this poor soul alone, let his poverty be his only worry . I can feel for this man and hope the sooner we realise that a president is not a god the better. And also help me understand the real words he actually uttered which are being considered as defamatory..
3 months!!? This is not right! The Plunderers go scot-free while the chicken thieves and this poor guy get locked up! He was drunk for crying out loud! A night in jail would suffice, if even that.
Hmmm……..stop the sell of beer then the society will be as sober.
a good lesson for others…insulting the head of state is not a solution to many problems we are facing.
Excellent point
hahahahahaha
repeal some laws..make sure as leader you don’t anger your subjects..hahaha
WHAT SOME HOPELESS ZAMBIANS FAIL TO UNDERSTAND AND KNOW IS THE DIFFERENCE BETWEEN DEFAMATORY AND FREEDOM OF EXPRESSION. ANY INSULT AGAINST ANY PERSON IS A CRIME. YOU ARE LUCKY YOU INSULT ON BLOGS AND NO ONE CHARGES YOU. NEVER WOULD I LET ANYONE INSULTING ME GO SCOT FREE.
WHY SHOULD YOU DEFAME AN ADULT IN PUBLIC AND GO UNNOTICED? ZAMBIANS GROW UP AND KNOW WHAT FREEDOM OF SPEECH IS.
Excellent contribution…..
So if I say Ukwa aka Sata is a tyrant, needs to be sent to Chainama for mental evaluation, will I be arrested? Remember nine wiso, umuchinshi ku bafyashi bobe!!! Ati democracy….rubbish, why can’t I vent if Ukwa is acting up??? Ubo ndeisa pa Zed, wapya munzi!!
kwashala ama bloggers those who find it so comfortable to insult the president, mwapya we will sort you out
Iwe NACHULA, NIWE CHULA WAPA MENSHI? Ukwa has insulted way too many people, why shouldn’t he be treated with the same “courtesy” he accords to ordinary citizens? Oh, because the law says so? Well, that stupid law should be repealed….if I think Ukwa is STUPID, I should be able to air my views and call Ukwa STUPID!!! Now if I get my a** kicked that’s another story, but arrested? What a freakin joke!!! Where is Mushota when you need her?
if the president has insulted people has any of those taken action?if not then your observation is not right if i insult you and take no action,it shouldn’t mean you should expect someone else not to take actions against you if you insult them
besides its just in order that people show respect for the president,you too.
THE DON, no one should be taken to jail for venting!! Freedom of expression, unless we don’t have that liberty in Zambia!
Whatever happened to freedom of expression in Zambia.Not that I condone bad language but can you imagine how many people would be sentenced in the UK by that unlearned magistrate? And the US?If that man rots in that jail or loses his hard earned pension what benefit will it be to his innocent family who depend on him?The Legal System in Zambia is just so crap, no wonder they still wear those winter wigs in the heat of summer.( By the way I am just expressing one of my fundamental human right- Article 10 for this unlearned something)
BUSHE DEMOCRACY MUSALULA? AS AFRICANS WE ER TAUGHT TO RESPECT ELDERLY PEOPLE AS WELL AS THOSE IN AUTHUORITY.
This is not America where insulting is legal. To my suprise ifipuba filefwaya filetukana people who are respected in society, does it mean when you are living in a democratic coutry you have to insult elderly people in public m******mwe those who think democracy is to allow insulting elderly people in public.
The public has just been informed Mubanga rediculed and insulted president Sata. We haven’t been told what actual words were used in his drunkard state in insulting the president. However, what we know is that the Asian man of Indian origin referred to Mr Sata a dog after his actual dog. This was publicised and the public made commentry and todate arrests have not been made. Kaponyas are jockers with selective justice.
Others publicly call him ukwa n get away with it bt a poor drunk guy looses his job n goes to jail,God hv mercy on ds generation!
Haha,i feel sorry for the guy and it only proves what i’ve said here before -that we imprison our petty thieves & offenders then elect the great ones into public office.
The man was sentenced to 90 days for saying what we all know to be true – that Ukwa is an *****, mad, testicleless,tribalist,does not have two degrees and has no idea whatsoever on how to govern a country!
Its bizarr and ridiculous! what bad laws!
That Magistrate Monica has she ever read Watchdog? She will faint from insults.
This is not right. democracy has been shackled, strangled and thrown ou. we heading back to the UNIP days when one had look over their shoulder before mentioning the name Kaunda or UNIP. Its bye bye to freedom of expression that FTJ and other pioneers of the free world fought for. Chiluba himself live his life through insults by the Post and ordinary people in the streets who were influenced by what read in the tabloid. Not a single person went to prison for defaming or bringing the name of the sitting president into disrepute. the same applied to Rupiah, the man was called all unprintables yet never imprisoned anyone. in fact its Sata who constantly insulted Mwanawasa and even then he did not end in prison. This is sad for democracy and many steps backwards. what a government, shame!
Zambians must learn to use tools of liberty and free democracy they wrestled out of the hands of the name they now venerate almost to the point of worship- Kaunda.Demonstrate where you do not agree with state decision. When the chief justice of Pakistan got sacked in questionable circumstances, the entire judicial system rose along ordinary people in solidarity to demand for his reinstatement by president Musharaf. And that brought his downfall more than anything else. Sata has suspended three judhges in questionable circumstances yet nobody is bold enough to garner support and say no autocratic dictatorship. thats abuse office and ultimately presidential powers. Now an ordinary worker is imprisoned for nothing.
The train of intolerance and draconian rule is moving faster than anyone anticipated. All 90 day promises, food and money in pockets of every Zambian remain far fetched dreams. Not a single development policy is identifiable with this government other than hiding behind veils of fighting corruption when the real reason is to crush a stronger opposition into oblivion. The real plunderers of the economy are not opposition alone, its the people that Sata himself is shielding for his own benefit. Its Fred Mmembe and Mtembe Nchito who have syphoned more than k14 billion from state bank and still walk free behind the iron shield of state protection. What sort of justice will Nchito advocate to prosecute ‘lesser criminals than himself’. Lets get back to the drawing board.
Sad for the poor guy indeed. #8 NACHULA, I agree with you. Lucky a lot of you lowlife’s here go scot-free with all you insults all day. The truth is, you can still catch a case even if you just
‘blogg
‘, it’s easy to track anybody online now.
But this should serve as a warning to the rest of you. Mind your language in public. Chapwa.
Now even Lusaka time for the first time been gaged. Its bye to press freedom I suppose, and probably my last contribution should comment no.16 not be published. where shall we express our selves if we talk in bars, on the street and now on-line? Unbelievable! goodbye.
The train of intolerance and draconian rule is moving faster than anyone anticipated. All 90 day promises, food and money in pockets of every Zambian remain far fetched dreams. Not a single development policy is identifiable with this government other than hiding behind veils of fighting corruption when the real reason is to crush a stronger opposition into oblivion. The real plunderers of the economy are not opposition alone, its the people that Sata himself is shielding for his own benefit. Its Fred Mmembe and Mtembe Nchito who have syphoned more than k14 billion from state bank and still walk free behind the iron shield of state protection. What sort of justice will Nchito advocate to prosecute ‘lesser criminals than himself’. Lets get back to the drawing board.
This is really sad. were are we getting to as Zambia. mmmm Sata please you have to advise your courts i know you just called the judge and pressed orders. this man is bad. his Niece Miss Silvia Chalikosa who id New Deputy to Canada is harassing officers, local staff and diplomats cant talk now simply because Sata has filled ottawa mission with his family. when the secreatryhad a birthday, the deputy forced people to carry presents to the party which was held at the zambia house, this is very very bad. why should officers be forced to carry presents or rather to attend what they dont want. Ottawa mission has turned int a merci. God jehova am a member of staf at this mission i will not hid it the deputy is a bad person and the high commissioner has no say, simply because she is satas niece.
Are you really a member of staff at the mission?
Ya some of these laws should be repealed this should be a simple fine-able offense no jail time Please I’m sure the ka judge just wants to get noticed by Sata then get a promotion. In this case the crime does not suit the punishment. So which political leader is going to be arrested next under this law.
Magistrate Monica you are a fool and showing you’re a purr cadre. Your judgment is bias, shallow and vindictive. Shame on you. Ruining people’s lives with impunity. Why can’t a man express disgust for a President who has not delivered the promises he made?
Countrymen, we dont know what was uttered but whatever was uttered must have been severe. Defamation of any person is ano offence but again, the magistrate should have given a suspended sentence noting Mubanga was a first offender. She seems to have aimed at gaining attention/publicity to herself – which then is a miscarriage of justice
What words did the poor guy utter?Â
So ninshi we have gone back to the days of ba shushushu? maweeeeeeeeeeeeeee! elo lwanya
things ve changed,many many pipo insultd the late presd mwanawasa including ukwa but they didnt arrest them,too bad
HH should also be caged.Â
Fyakuifwaila, a civil servant ukutuka kateka.
The magistrate is correct people will be insulting Presidents if left without punishment.Am sure after the jail sentence he will stop drinking beer as well.
I totally agree with #30 there is a video recording in circulation of former President done by unknown Zambian where our current President is referred to as “Sata mwana wagalu, yimbwa” and a lot more on the forum of bloggers here many have uttered despicable insults on our Zambian President so it’s cheap politicking and very unfair for a magistrate to punish first a man under the influence of alcohol…. secondly he a poor man frustrated. It’s a shame what people do to secure their jobs……shame on our so called court systems…what justice is there on a poor man
This crazy magistrate and those archaic laws need to ship out to places like North Korea,former East Germany and many of those repressive Arab states.Thats where they belong.
Justice in this country is for sure for the poor to be sentenced and the rich to determine which judge they prefer. I have Mmembe in mind, recall how he freely defamed RB as the president in his paper. Where was the Judiciary? The last time I heard of a man going for similar office was in Chiluba’s time, the man was sentenced in Ndola for two years if I recall correctly. Are we heading for another Chiluba time?
So sad for Patrick, his loud talking has cost him alot. lesson to learn for all of us. be carefull not to talk careless in public
The law that was used to convict the poor guy need to be changed. But with Ukwa in plot 1, i doubt anybody will be in hurry to change that particular piece of legislation. Citizens should have power to criticize public figures, that includes the President. Y? bcoz politicians and the like are using our financial resources and WE have the responsibility to let them account for every decision they make. if we don’t they will plunder OUR resources – simple. And someone says “this is not America or UK, in Africa we don’t criticize our elders” and I say that’s why Africa is poor :(
This law was enacted by UNIP. Successive governments have promised to repeal it but they don’t. It is really up the courts to rule it unconstitutional. They do not apply it to people with money because they would appeal to the high court, which would most likely rule that the law is unconstitutional. If LAZ and some of our outspoken NGOs could appeal on behalf of this man, they could probably win. But we know they will not appeal because this man is only a poor man, who counts for nothing in today’s Zambia.
All you who claim it’s freedom of expression to insult a head of state show as your muscle by coming out publicly instead of on the stupid blog. Show us how you do it in America since you do it there? Mwanya mwe mbwa mwe mwalakakwa. Try to do it in my presence,i promise you you will never know what hits you ! Uko kwine uko ka HH ka under 5 kamusambilisha ati ukutuka kateeka muchinshi ku butonga.
That’s is so true – the poor belong in jail while the rich and powerful are either in State House or get away with murder. Â Even the Bible says as much: To he who has much even more shall be given and to he with a little even that little shall be taken away. Â Let me sign off with a last and final post on this blog before I am tracked down and say: Sata ki malete!
respect is good especially for the president.it is a lesson for you upnd cadres on this blog.iam appealing to zicta to trace you chaps who like insulting our president ,what you should know is that he was given the mandate to run this country by the majority zambians therefore we should give him all the respect he deserves.long live mr president we love.abash useless tongas who hate you for wining the election.
the facts are uincomplete. what exactly did the man say?
if the guy doesn’t want to be insulted he should have stayed home in his village and not run for public office. he and banda were insulting each otha every other day, they should be in jail too. That guy fattens off my taxes which i barely benefit from, i should atleast be able to call him chi.kala sata, infact we should open a site called just that. as for ZICTA finding us, hahahahahaha! this is zambia my friend, even their whole management know nothing about a computer worse off internet routing protocols, i can log onto their server right now if i wish
What exactly did the man say? Is there any appeal court in Zambia? I realise some kaponyas on this blog are busy threatening people that they will be traced. Are these kaponyas on the pay role of the state? Stop threatening people you skunks!!!
The offence of defamation is not only against a Republican president. It can be committed against anyone eg HH, RB, Cosmo Mumba, etc. So dont just narrow it to one individual. Difference is if you defame a sitting President, he does not personally move the case but the police/ dpp. As RB showed, we hope MCS will invoke his prerogative of mercy on the offender. Please comrade President.
Yes blue blood, no need for threats. E-newsreading and free commentary are the backbone of contemporary freedom of expression. Levy and RB of all tolerated so much insults from PF leadership, more PF bloggers on RB. No threats please.
Are Zambian jails not already overcrowded? Was the accused making statements against President Sata in his official role as a low-level government employee? From the facts alleged that seems not to be the case. He therefore is merely an ass, not a felon. Let President Sata call him an ass if that will assuage his hurt feelings, and get on with running the country for the betterment of all. We in the United States hear President Obama disrespected dozens of times daily, on radio and television, by scurrilous, racist or simply crazy individuals, and nothing happens to them. So should it be in Zambia. If he is indeed a King Cobra, he needs to grow thicker skin so as not to bothered by opponents” bites.