Mongu Magistrates Court today convicted and sentenced a Medical Doctor of Luampa Mission Hospital in Western Province identified as Dr Kwalela Kafunya to three years imprisonment on three counts of Defamation of the President, Written Threats to Murder and Giving False Information.
Facts of the matter are that Dr Kafunya created a fake Facebook Account for purposes of bringing the name of the Republican President in ridicule by posting disturbing remarks, insults and digitally altering images of the Republican President with intent to bring his name into disrepute using a facebook account created in the names of another person who is also a medical Doctor at the same Hospital.
Dr Kafunya further sent written threats to Murder to the Doctor in whose name the Facebook account was created through text messages while in another count, Dr Kafunya gave False Information to a Public Officer of Simon Mwansa Kapwepwe Police Station.
For the offences of Defamation of the President and Giving False Information to a Public Officer, Dr Kafunya was sentenced to two years imprisonment for each count while for written threat to Murder; he was sentenced to three years.
The sentences will run concurrently meaning that he will serve a period of three years.
Police Spokesperson Esther Katongo confirmed the development in a statement saying “as Zambia Police, we welcome this judgment and we believe that this conviction will send a strong warning to all those that are in a habit of abusing social media because officers are working round the clock to bring perpetrators to book.”
Is this not based on the Law that existed before independence? We are no longer under the colonialists.
Its freedom of speech. We need doctors more than we need presidents. Let him out so he can continue saving people’s lives. he was the only doctor in the district.
The defamation law is archaic and should be done away with. In a democratic country, people should be free to voice their opinions. As long as someone is not threatening the life of the president, they should be free to say anything else. Threatening the life of a president is criminal anywhere in the world. But just calling a president names should not be criminalized. We tend to put African presidents on a pedestal, making them feel like they’re kings and they’re beyond criticism. That’s not good for democracy, as it undermines freedom of speech. It’s either you’re democratic or you’re not. You can’t have it both ways. And if you claim to be democratic, you should prove it by upholding the citizens’ right to speak their minds freely. Stifling freedom of speech is a sign of…
(Continued)… a totalitarian state.
But if he murders the other Doctor we will still be one Doctor short.
Let him go to jail.
Zambia needs doctors and you imprison one for nothing. This is a human right violation. Stop this nonsense.
The only problem I see is that the doctor used someone else’s identity and sent death threats to the person who’s identity he was using.
very good. he is a full.
Such doctors are not needed anywhere in the world. A doctor full of malice? When he was supposed to be attending to patients, he must have been busy facebooking… yet we have people rushing to defend him. For what?
Comment:He deserves it .instead of attending to patients busy on facebook what sort of a doctor was he and am sure some lives have been lost because of his wicked behaviour
And since when did zambia police start issuing statements on court convictions? Last time i checked they have arrested people on useless politically motivated cases, which have ended in aquitals and nolle prosecui, we have not seen them come out to apologise to people they arrested out of political malice.
Presidents are NOT gods. This culture of worshiping fellow human beings is what keeps taking us back to 18th century.
Defaming Lungu should be a Civil case punishable with a simple fine. Under PF regime, Weekly Post cartoonist Yuss-at-Large would have been in jail.
Yes, Murder threat is a serious case.
Iwe nja, saving people’s lives?..my foot. He is a potential murderer.
I agree we now in a new era of freedom of expression. These people want to turn our country into
North Korea, how do you imprison someone for a Facebook post with no physical crime committed. This was happening in Zimbabwe with mugabe imprisoning everyone, please we should not be imprisoning citizens for insulting our public servants who plunder our resources
We are in the era of freedom of expression but here the doctor went too far in that he created fake identities and started issuing murder threats. This is not a case of freedom of expression but a case of attempted murder or threats to murder. Still Zambia’s freedom of expression is archaic because in a democracy you cant have a law specifically protecting the president from verbal attack
Freedom of expression is not freedom of id.ocy. Instead of saving lives the fo.ol was busy insulting the President and putting the life of a fellow doctor in danger. The three years is actually very short – fo.olish doctor wherever he got his training from.
There are certain issues– though protected, prevented or are contrary to law— that will always remain true. An incompetent, clueless and corrupt person will always remain so, whether protected by law or not. It would of course serve the general public good if corrupt persons were held accountable . The law can not cure incompetence or cluelessness of public officers including presidents. That is to a great extent a political or administrative question rather than the legal one,an only so to the extent that negligence or harm has been occassioned by an incompetent public servant. But incompetence and cluelessness should not enjoy the freedom or the cover of the law. Citizen must continue to engage in the civic affairs of the state through questioning the powers that be. To chill…
To chill dispassionate, honest, civil and rational debate under an archaic residue of law first enforced by colonialists would be insulting to Zambians. Zambians need to be awake to politicians who hide behind the law as a means to censor news, stifle dissent, cover up sordid mistakes and corruption, comouflage cluelessness and incompetence, withhold from the public the facts they deserve to know. If that point is reached when Zambians go into slumber or the law is misused or abused to serve sitting public servants, Zambia will be dead as a democracy.
And your point is?
Freedom of speech does not mean insulting this is unethical and unZambian, moreover this character was not trained to insult but to render medical services to the Zambian people. He is a disgrace to the medical fraternity in ZAMBIA and the world at large.
Exactly. He deserves what he deserved. He exceeded responsible contribution to society by being a bad example of it.
We all need to be responsible in our discourse to one another, to Zambia, to humanity. We must mean well to all of God’s other children.
How do you jail a doctor for that long….what folly…its your loss!!
…so doctors are allowed to break laws???
What law is that? Insulting the utterly Lazy Bum Edgar
And of what benefit was this fiasco to Dr. Kafunya?? Hating a person so passionately like he personally did something to you?? The tribal hate so deep??? Don’t pick up the soap, bo Kafunya….see you in 2020…..
Worst part was to use another person’s identity. I don’t care about the defamation part of it but putting another person’s safety at risk is what has annoyed me especially coming from a doctor whose job is to preserve life. The other guy would have suffered and yet he’s innocent. Luckily our incompetent ZP performed a miracle.
The hatred these bantustans have for president Edgar Lungu is very shocking!!even learned ones like this Dr.Kafunya sure?HH has destroyed the lives of many dull bantustans.so the career of this dull doctor is over.he cannot work anywhere in Zambia after spending 7 yrs at the medical school-what a worst!!since 2006 when HH took over upnd,many bantustans have lost jobs due to their tribalism.despite many losing jobs,still a number of them call PF Govnt names and they frustrate Govnt efforts on daily basis!!PLEASE BANTUSTANS REPENT BECAUSE KAINDE WONT HELP YOU IN ANYWAY IF YOU LOSE YOUR JOBS!!even if HH wins,he will never put food on any bantustan table.we had KK,FTJ Chiluba,Mwanawasa,Sata,RB and ECL,all these presidents have never given their tribesmen any NGWEE!!SO STOP BEING TOO EMOTIONAL…
If you are not bantu then what are you?
Continue…
SO STOP BEING TOO EMOTIONAL ABOUT HH BECAUSE IF HE WINS,ONLY THOSE CLOSE TO HIM WILL SMILE WHILE THE REST OF YOU SHALL CONTINUE SUFFERING-THIS IS A FACT!!
look at how this Doctor has spoiled his splendid career-all because of HH!!the man (Kainde) he supported is busy enjoying life at his chalala mansion!!Mr Mukobela lost his job as a police officer and spent almost a year with Mwaliteta in jail for nothing!!!
Look,i support PF but i cannot insult HH or Kambwili because we are in a democracy.plus if PF loses,i cannot cry over it.but just congratulate the winner because in a democracy,the majority wins!!!ever since PF won in 2011,i have never benefited anything!!i just support them like we do in football where one is for Arsenal,Chelsea,Man united,etc!!HOWEVER,UPND FOLLOWERS…
Njimbu is the man here. welcome back, sad at the time when cholera has taken toll of our nation.
we need your solutions.
President Lungu is the humble and merciful King.
Please President Lungu release the Doctor. I advise the family of Dr Kafunyanya to petition the president. He is the listening president. Don,t listen to ordinary citizen but only to the president who still has 3/5 to go!
Do you know what a King is?
@Jay Jay
Yes I know. He is King, he is highly revered in PF. What is wrong with calling President Lung The King.
I am not asking for UK Monarchy.
Hh is tribal god……better than king
The doctor deserved what he got. You bloggers must be fair. Leadership is from God, that’s why we respect those in authority. How can you insult your own head of state and claim that is expressing freedom of speech. Freedom to insult? Not even HH, CK or Kalaba would tolerate such insults if they became presidents. Fortunately, their chances of becoming one are exremely slim. You can hate ECL but the fact remains that he is our head of state and must be respected.
Utter nonsense …who told you leadership is from God? When is this stupidity going to end?
Then Why does God give African countries leftovers of leaders?
Hitler is from god? Idi Amin? Kim jong fimofimo? Then why don’t we go to church pray and god gives us a leader? Why do we vote? Why does god allow coups?
You have a lot to learn you chaps.
may his soul reflect in jail
It is okay to say that Lungu is incompetent and useless as Presidents. This is fact, massive evidence available. Nothing like it’s unZambian etc!! But it is not okay to issue death threats to anyone let alone the President. Draw a line somewhere!
Good job! Perhaps the tribal party will stop threatening murder of the president! Zambia has been lenient. This is a serious case. Enjoy! I wish you were cell mates with Under Five.
It is okay to say someone is hiding money in Panama and avoiding tax! It is okay to say we must go for him! It is okay to say he is defrauding the system but it is not okay to we should murder him!
He almost destroyed another Doctor’s name with his foolishness. Cage the bugger.
Of course it is unacceptable to threaten to murder someone or commit identity crimes. But I would be interested in knowing what words were used that constituted ‘insulting’ the President or defaming him. In any case, the defamation laws are archaic – transplanted from a colonial era and to do with those years when there were endeavours to ‘protect’ the monarchy against ‘treasonous’ utterances (in the days of the absolute monarchy) Not the case any more. Yet, in Zambia we still continue to use meagre resources to ‘chase’ after ‘small fish’ that has ‘insulted’ THE GREAT LEADER.
He reads a lot of Galu Watchers in Zambia and was at the scene when that evil guy was committing a case against the president’s motorcade. When the muslim guy was kissing the ground that day, this Dr. was there Hagain!
When are we jailing the minister of health and the minister of local govt for cholera outbreak?
In China the minister of health would have been sent to jail for incompetence.
Madam Esther Katongo pali ba umukoshi…. ,good living in Zambia life style
he will appeal. njimbu is another idolater……
So sad to put away a doctor who should be saving lives. Yes it is allowed to criticize but we should have limits. Edgar Lungu is our President. Even if we may not like him we ought to have some respect for him. Criticize him but please do not insult him
@True Patriot
You are correct.
We need to respect King Edgar.
Each time I say he is a King, they downgrade me, why?
So sad indeed. This guy is likely to lose his licence. Wasted years at medical school. What a pity. But lesson learnt all the same.
He will practise medicine in prison! He’s services are need their. He can even teach paramedics within there. Boma ni Boma my friend.