A DRIVER at Evelyn Hone College has been sentenced to one year imprisonment by the Lusaka Magistrates’ Court for alleging that President Hakainde Hichilema is a disbeliever in Christ.
Andsen Zulu, 46, who was facing a charge of defamation of the President failed to prove that the Head of State is atheistic and admitted bringing his name into ridicule.
Zulu on April 29, 2022 with intent to bring the name of the President into hatred, ridicule or contempt published defamatory matter on his Facebook page alleging that “HH is a member of the anti-Christ so we can’t get surprised.”
Appearing before magistrate Chrispine Hampungani, Zulu who pleaded guilty to the charge of defamation of the President, said he did not intend to bring the Head of State into contempt.
Asked if he had lawful justification to defame President Hichilema, the convict denied, saying he was only having a simple conversation with his friend Mohammed.
Magistrate Hampungani convicted Zulu upon his own admission of guilt.
In his mitigation, Zulu begged for the court’s mercy, saying he never meant his word neither did he know his comment would attract a serious offence.
In his judgement, magistrate Hampungani said Zulu’s actions brought the President’s name into disrepute, especially on Facebook to which many people have access.
“To deter would be offenders, I hereby sentence you to one year imprisonment with hard labour effective today. Leave to appeal is granted within 14 days if you are disatisfied with the judgement of this court,” said magistrate Hampungani.
Ati we voted for change. Hahahaha
Comment:I think this will reduce the number of habitual Character Assassinators
Lungu was insulted, it was called criticism
Someone is criticized, it is called defamation.
So it just a game
We keep telling you, that the Defamation Of Character Law is still in place, until its repealed, the binding law should be adhered to.
But, Imwe you don’t want to listen and instead you are being manipulated by fuuuls like Nakachinda and Lvsambos. Now you will rote in chimbokaila for 1 year, and TU PeF twa taba, and no where to support you.
Still would like to see Nakachinda or Lvsambos, these two will serve as a good example that will deter even a few fuuls on LT, in instead of this poor man.
Look, Hakainde did NOT create this Law, and only Parley can repeal and replace. Pressure should be on the Minister Of Justice, to speed up the process for constitution reforms.
This is really stupid. The new man in office is acting like the one we removed. Imprisoning people because of what they have said about you is not in a democratic constitution. It is for the likes of Stalin Mussolini, Chairman Mao and Kim Il Sung. Since HH only listens to the Brenthurst foundation may I ask the British and American embassies to school our president on freedom of expression as expounded by their founding fathers?
HH is the biggest chlkamba in the world. Come arrest me for defamation you gays. They are targeting easterners these tribal thugs
How many people can you imprison for saying stuff about the President? A lot of rubbish is said about the leader, it comes with the job. No one can possibly micro manage a population of millions from saying things about their leader. It’s going to be a long hard five years for law enforcers.
#plant a tree.
To whose benefit is this law kanshi? Also HH and party sang about how they would amend this law, the cyber security law and the unlawful assembly laws amongst others.
@Chiza Chirwa,
May 22, 2022 – Government will soon reveal the constitutional amendment roadmap-Haimbe.
February 16, 2022 – Government to Expedite the Repeal and Replacement of the Penal Code and Criminal Procedure Act
The constitution takes time to amend, yes, this government said they will amend the laws and they have 4 years more to go. So you can’t blame them for NOT implementing it. Above other comments are coming from those regular PeF deplorables, who have NO patience and taking advantage of each and every opportunity to hammer home their frustration after August 12th, in other words, noise-makers.
It doesn’t matter where the arguments are coming from as long as they are valid. Is HH only the President of UPND? No he should listen to criticism from all over the country.
@Kanene, this defamation of the president is in the penal code, a subsidiary legislation, similar to the cyber crimes Act.
These can be tabled by government for amendment without a lengthy process. I feel that saying something takes time may work against us in this case. They will keep saying things take time and we just have to wait.
Perhaps I am demanding too much, but I had an expectation that this should have been done immediately during the first seating of parliament, to show the President meant what he said about amending certain rules.
HH is bringing order on Social Media.. Lungu destroyed social media by allowing anyone say anything about anybody. He was just writing Scriptures.. Let their be order and respect… A plus to upnd
Which province is magistrate Hampugani from. What do you expect from a magistrate from southern province.
And you are saying there is no tribalism. Sending a driver to prison is a shame to judiciary. Failing to convict people you claim to have stolen.
The law is for the poor, all the big thieves are free.
He should have been given a suspended sentence or some
Community work.The sentence is
Abit harsh since Its the first time.
Unfortunately the most criticised person in every country around the world is a leader. Even Husbands are criticised by their families to the extent that those who cannot stomach it even commit suicide. Are you a leader? You will be called anything.
#Henry why ask when the name is there for all to see.
This is a sham of Zambian law. How did the Judge get to the conclusion that the President was defamed when he did not testify? HH didnt refute the statement that he is not a Christian nor did we hear him complain. If the complainant is not in court who complains on his behalf. Is it allowed for someone else to sue someone on behalf of the actual complainant? Who cries to the court that this Evelyn Hone driver has defamed HH? John Sangwa please rescue us tell us whether this law isnt flawed.
Is saying someone is not a Christian defamatory? Why then cant someone who says HH is not a Moslem not sued? And if I said HH is not a Bemba? can I be sued? If I say HH is not a Tonga it may not be true but is it defamatory?
Indeed this is a contrived law that can’t stand anywhere. It was designed to shut the black man up by colonialists who considered blacks not fit to criticise whites.
What kind of defamation occurs without a complainant showing how he has been defamed? Isn’t the onus on the complainant to show how his reputation has been damaged? Did Hakainde testify to this? So how does the court conclude that he’s been defamed?