Lusaka Lawyer and State Counsel John Sangwa has advised the political parties that are participating in the Kabwata bye-election to sue the UPP candidate that pulled out of the poll at the last minute for compensation and damages.
SC Sangwa said that a suit is probably the only way that will deter others like him (Francis Libanda of UPP) in the future from making expensive bad decisions´ that inevitably affect others in the race.
“The move by the Kabwata guy was crazy,” Mr. Sangwa said, “if he didn’t like what was going on he should have stayed home and stopped campaigning instead of messing things up for everyone…he must be sued and the rest of the players must claim compensation from him for the fiasco.”
Sangwa said it’s time Zambia started making wrongdoing expensive or else what happened in Kabwata shall recur.
Speaking when he featured on MuviTV’s Assignment program, Mr. Sangwa also implored the Anti-Corruption Commission to halt any future arrests of suspects before exhausting investigations because it is embarrassing to arrest and detain people you have to later acquit.
Sangwa described as traumatic, and unjust arresting and trying someone who is later proven innocent after soiling their names in the public eye.
“I was part of a long seven-year corruption trial of President Frederick Chiluba that cost so much but proved nothing except hurting President Chiluba. That should never happen again unless you exhaust your probe and are ready for a conviction. Seven years is traumatic for anyone and it was traumatic for President Chiluba,” said Mr Sangwa.
Sangwa advised ACC in the future to investigate first and arrest later, not the other way round, adding that it’s crazy and illegal to do that.
On Criminal Defamation of Raphael Nakachinda, Mr.Sangwa advised the Patritic Front (PF) and other members of the Zambian society to petition the parliament and seek an immediate repeal of the criminal defamation law that recently saw former minister Nakachinda detained for allegedly defaming President Hchilema without a charge under 24 hours.
Sangwa said the unfortunate part currently is that the criminal defamation law remains the law and breaking it is illegal, so the best thing is to revisit its repeal, 22 years after himself and partner Robert Simeza tried to have it scrapped but failed after going all the way to the Supreme Court.
“The PF as an interested party must take up the matter of criminal defamation and seek its repeal from the books, it’s a bad law but it’s a law until it’s repealed. Maybe there will be a change of heart from the high court and supreme court after 22 years of our first attempt.”
I tend to agree with SC. Francis must not be allowed to inconvenience the country like we’re his farm workers.
What we have is a styopet law enacted by a styopet Parliament and consented to by a brainless President
No John, If we remove the defamation law. imagine what it will do to people like Nakachinda who have diarrhea of the mouth, the guy will have a field day especially that the guys mouth is loaded with insults disguised as idioms
As long as we have people like Nakachinda who is a loose canon in society, the criminal defamation law will still be very necessary.
The Presidency requires protection, with this law which I don’t support, insults from PF cadres like Nakachinda are the order of the day, what more without it
Insults against someone regardless of their status is a great injustice because it demeans the person in the public eye and worse still to those related to the person. Now my worry is #3, 4, 5 is that during the PF era you advocated for this law together with the POA to be removed from our laws. My question was it right for people to insult Michael Sata, Guy Scott, Edgar Lungu and Mrs Inonge Wina? If it was right then it’s right even now. If it was wrong then it’s wrong even now. I appeal to your conciousness to truthfully take your pick from these two alternatives. Remember it doesn’t matter who’s at State House, he’s still president whether you like it or not. Nakachinda should respect Hakainde just like he respected Edgar both as president and as his elders.
I agree with Sangwa but, the best solution is amend the constitution and prevent this kind of abuse
I dislike this law but for now I understand its necessity because of the diversity of our society in terms of education, norms, values and ethics. Our level development is such that we can have dunderheads in positions of great influence. Their ignorance can be a great danger to themselves and the society at large.
Cant we remove the criminal defamation law when we are sure PF has put some form of discipline in its rank and file, how are we going to handle insulting trigger happy members of PF without it
It’s the same upnd you campaigned for who orchestrated this iwe samgwapo. I can beat you up
It is a horrible law, no good outcome from it and a favorable ingredient for failing, hopless and lying leaders. It elevates dictators .
Mbuli,you can’t beat anybody
Nakacinda is gone, they ll eat step by step. He is living on thin ice .
Alt come here I show you something
@De ja Vu
I agree with you 100% on your observation about how mean the UPND were when referring to former PF leaders. On instigation of opposition UPND leader HH, Guy Scott was called “Muzungu Wopusa”. Whilst addressing his cadres in Livingstone, opposition UPND leader HH, in response to Guy Scott remarks on UPND being a regional party, used a racist remark where he said Scott was ” one of those we call Nkumba in Lusaka”. Former Vice-President, Inonge Wina, was called the “old hen” by UPND cadres. President Lungu was called ” Lazy Bum” or “Chakolwa”. In the Bemba language, “Chakolwa” refers to that person who is not only a drunkard but also misbehaves like insulting others when he is drunk. Late President Michael Sata was called “Chimbwi No Plan” , or “a man who walked…
@De ja Vu
…about with a urine bag”. When all these things were said against former PF leaders, there was nothing wrong for UPND leaders and their cadres. Now that HH and fellow UPND leaders are told by Raphael Nakachinda “tekeni amatako panshi” or take it easy and attend to the high cost of living in the country, this becomes wrong. If anything, it would have sounded insulting if Nakachinda told HH and fellow UPND leaders “tekeni ayenu panshi”. Because “ayenu” may mean not just buttocks but also balls. What Nakachinda said was what UPND used to justify as freedom of expression. Now that the same UPND leaders and cadres have been given a bitter taste of their own medicine, they want to make exceptions for themselves in terms of what should be said to UPND leaders when this is…
@De ja Vu
… exactly how they treated PF leaders. What hypocrisy is this ba UPND? Bushe mumayenda naku Church mwamene imwe olo mupempela kuli Satana? Does scripture not say ” Do unto others what you would want them to do unto you?”
During the run up to elections , did you not see the videos of PF caders hurling dirty insults on opposition, particularly HH ???
That is what you will see from PF if that law is repealed………..
Zambian youth will be exposed to the most dirt language of insults from PF……..
The law must be deleted. Its very complex to follow. For the most part defamations are boiling down to language idioms, especially if its one local language against another.
A phrase, idiom or dialect that just means an expression in one Zambian Language, may be interpreted as an insult in another language. This is the reason the police are failing to come up with clear-cut-charges, yet the cadres in PF government and now UPND have been taking things in their hands. In the end, we will have too many vernacular- languages-contests in courts which will become circus points of laughter and rat races going in circles. And the accused will walk free.
What is expected of HH is to move in and advise his lieutenants in parliament to repeal bad laws that are not good for the country. HH has just realised that the laws are protecting him. Untill Vasco does something different from what the PF did the difference is the same except that PF have something to point at but Vasco has nothing.
According to Sangwa, the defamation law is in place and the Supreme Court endorsed the ruling of the high court in 1996.
This means that Nakachinda can not disrespect or demean of the office of the president under that current law. as the freedom of speech is not absolute.
A precedence judgement was set in 1996 by the Supreme Court. Thats the law in force.
No amount of noise making on social media or mainstream media will help the Nakachinda
Baal has alot to learn. In his kingdom you’re guilty before being charged and before taken to court and before trial. It is a trial and error kingdom. In the Kingdom, abuse of office is the order of the day. With impunity Police and ACC abuse their offices like they will last forever in those offices. Days will catch up with ACC and Police officers and heads. The kingdom is similar to DICTATORSHIP. Baal has the ACC in his petticoat. Baal the unknowing acting like he is the all knowing. Only him knows. The all knowing baal.
Well articulated in all matters SC
Immature politician with no vision want to be Law makers , please think before aspiring for Political offices.
ACC never learns , Please Learn from the past and stop abusing taxpayers money, Courts time without Concrete facts and evidence.
Thank SC Samgwa.
Dear JS SC, I take the Kabwata saga, unbelievably crazy and agree with Mweeta the SP minister someone should have perhaps taken the matter to consitution court for interpretation and hence improving on the law. Electoral Commisssion can not and should not hide behind the act. Its a bad law.
On this score, I urge HE HH not to put constitution amendments just as Gears chipenzi. In fact a total overhaul to create our own Zambian document beyond the 1964 Lancaster House paper except it should borrow from the Indian approach
For the first time UPND Sangwa like Kapya has sat up but not coming out clearly and calling a spade a spade that is calling out the sickness of abuse of office for its ugly countenance.
It’s abuse of office to reversing the order of operation. There can not be trial before a charge in as much as there can not be an arrest before investigation. Timid Sangwa, we call that abuse of office. In whose interest? This time line has to be recorded for the current office bearers to come and answer if not now, in the future. We can not be kissing the truth with timidness because there is someone called baal and his cliques in office we are handling with kids glooves. Hmmugh hmmmgh!
UPND Sangwa is however right that the chap who withdrew from the Kabwata bye election race must not go unpunished. Only that suing can not be justified. He gave reasons lame or solid for his withdrawal.
The Constitution should address this lacuna in the LAW so much so that the form of punishment meted on any future misbehavior of a candidate can be punished by constitutional means.
For what case can you commit by withdrawing from the race at the last 11th hour.
You are good citizen. How I wish UPND and PF were like you!! Zambia would have been a better country.
SC Sangwa has given his view and advice to parties inconvenienced by one of the would be participants in the Kabwata byelection so either follow up action is taken so the courts can help contribute to bettering management of elections or affected parties just let it go! It’s educative what Sangwa says about the law now taken to be ‘harassing” Nakachinda for people rush to think with their hearts forgetting that it’s talking to the people who they elect to represent them to push for change in the law! However the current administration is progressively doing a lot to free the citizenry from the bondage of bad laws in governance!