The case in which the Patriotic Front (PF)’s Information and Publicity Chairperson Raphael Nakacinda is charged with defamation of the President has been referred to the Constitutional Court to rule whether it can continue in the Subordinate Courts.
Hon Nakacinda’s Lawyer Makebi Zulu said this follows an application made to refer the matter to the Constitutional Court.
“Were as the Constitution provides for national values and principles and espouses the principle of equity, social justice, equality, and non-discrimination. We have a situation where article 98 of the Constitution gives immunity to the President that no civil or criminal proceedings can be instituted against him. Then how can he be cross-examined in instances where he is said to institute litigation against others?” questioned Mr. Zulu.
“We have argued that if the President is able to defame others saying “you are a clique of thieves”, the same said of him it becomes a criminal case. Where is equality? The state has agreed that there is a Constitutional question to be raised. The Court has said in the latter that there is no objection. The matter has been deferred for ruling as to whether it continues in the Subordinate Courts on Friday, January 28,’’he said.