Thursday, June 20, 2024

Police Chief says Tayali was arrested for posting a video defaming the President

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Inspector General of Police Lemmy Kajoba has said that opposition Economic and Equity Party(EEP) leader Chilufya Tayali Police was on Sunday night apprehended and detained for posting a video on social media bordering on bringing the name of the President in disrepute.

In a statement released to the media yesterday, Mr Kajoba remind members of the public of the need to respect the office of the Presidency as it is protected by law and that all those wishing to offer checks and balances should do so within the confines of the law.

Mr Kajoba further warned members of the general public that the rights enshrined in the Constitution are not absolute and should not be misconstrued to be an excuse to commit a crime.

“Anyone who will commit a crime with an excuse of exercising his rights will be arrested as the rights enshrined in the constitution are not an excuse to commit a crime.
A comprehensive statement will be issued in due course once police have concluded the formalities on this matter, the statement concluded.

Meanwhile, stakeholders and individuals have demanded the immediate release from detention of MUVI Television journalist Innocent Phiri and camera man Obvious Kaunda.

The two were picked up as they covered police raiding Chilufya Tayali’s House in Lusaka.

Police raid at Tayali’s house came in wake of his live facebook broadcast in which he attacked President Hakainde Hichilema regarding a number of issues.

Phiri and Kaunda remain detained at Lesoleil Community Police Station in Roma Township in Lusaka.

After visiting the duo at the police station, Socialist Party President Fred M’membe told journalists that Phiri and Kaunda are being accused of obstructing police.

“They are charged with obstruction of the police. Police did want Comrade Innocent Phiri to cover their breaking into Tayali’s house and arresting Tayali. They wanted them out but the same people who are sending them when they used to be arrested wanted the media to cover them. They wanted the media to tell the people where they are? What is happening to them? They called for the media but today the same people who used to call for the media, don’t want the media to cover their friends when they are being arrested? What type of a society is creating? Is this the democracy they promised our people? Is this the justice they promised our people? Is this the fairness they promised our people? Is this the media freedom they promised our people? Democracy requires a lot of tolerance. Democracy is noisy. What we are seeing are kilometers or miles from democracy. This is not the Zambia they promised our people,” Dr. M’membe said.

MISA Zambia Chairperson Fr. Dr. Barnabas Simatende, OMI said journalistic work should not be stifled through detention of journalists who are conducting their duties in a professional manner.

“MISA Zambia is calling for the immediate release of MUVI TV Journalist, Innocent Phiri and his camera person, Obvious Kapunda who remain detained at Lesoleil Community Police Station in Roma Township in Lusaka. The two were detained on Sunday, 13th November 2022 at around 21:00hrs when they went to cover a Police raid at Chilufya Tayali’s residence in the Roma area. MISA Zambia earlier today visited Mr. Phiri and his camera person to offer solidarity and has called on stakeholders for support and not to relent until justice prevails. MISA could not get full details of their arrest but were informed that police will issue a report later,” Fr. Simatende said.

“We would like to appeal to the Zambia Police Service to expedite the process and release Mr. Phiri and his camera person. Further, MISA Zambia wishes to remind the Zambia Police Service that the media has a critical role to play in a democracy and detaining a journalist equates to infringing on peoples’ right to access information. Further, journalistic work should not be stifled through detention of journalists who are conducting their duties in a professional manner that allows the nation to be informed on events happening within the Country,” Fr. Simatende said.

Lawyer Simon Mulenga Mwila has also condemned the detention of the two media practitioners.

“Free Muvi TV Journalists Innocent Phiri and his Camera person Obvious Kapunda who were detained yesterday for getting to the scene to cover the police raid of Mr. Tayali’s residence. We shouldn’t drag our journalists into our political battles. Ba UPND sort out the lack of medicines in hospitals, our farmers have not received their farming inputs. Please arrest the high cost of living and work on the economy so that it makes sense to the common man. Not economics yamuma books yet people are starving in these compounds.How many people are you going to arrest for speaking out? Zambians are no longer gullible abantu bali buka.People are suffering and time is moving fast as you are arresting all your perceived political enemies. This is not the change Zambians vote for last August,” Mr. Mwila stated.

37 COMMENTS

  1. ALL THOSE WHO USED TO INSULT ECL MUST BE ARRESTED VIDIOES ARE THERE TO TELL.MR IG CAN YOU PLEASE SHIFT YOUR INVESTIGATIONS FROM PROCEEDS OF CRIME TO INSULTING AND GO BACK TO 2018 AND ARREST ALL WHO INSULTED THE OFFICE OF THE PRESIDENCY BY THEN.

    • Kajoba is the last man to preach to Zambians about their constitutional rights. He knows zilch about citizens rights. His job is to bark at all those coming close to the president.
      Just listen to this ” bordering on bringing the name of the President in disrepute”
      Do you arrest someone on things BORDERING on breaking the law? Kajoba should go live in North Korea. He can’t be a citizen of a democracy.

    • Injuring repute can’t be a criminal offence. Leave it to the civil courts. Where is our sleeping parliament? Sleeping for 58 years!

  2. Please release those MUVI TV staff immediately Lemmy Kajoba…you chaps have forgotten so easily …release them now!!

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  3. The inmates who attacked tiyai while in cells for claiming to know who gassed zambians , yet chooses to not provide evidence, were……….

    Too lenient on him…………

    He needed a better beating than that to prompt him to tell the police what evidence he has……

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  4. In Victorian times defaming the monarch was almost treasonable. This was later translated to colonial administrators so that they could force obeisance and obedience from the colonized. Why we have not quickly moved away from this heap of excrement really beats me. So what if someone ridicules the elected officials? Aren’t they public servants? Why should the electorate suddenly begin to respect the servants!??? Come, on! Repeal that heap of stuff and excise it from the constitution! For goodness sake!!!!!! Vatitinka vinangu ivi manje. Now you have subjected that guy to beatings for nothing and in the process made him important equally for nothing!

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    • What is painful is the fact that during elections those in opposition vow to remove these oppressive and archaic statitutes.

    • With every Freedom and Right comes Responsibility. You cannot have one but not the other.

      We need to seek advice from our so – called Learned Colleagues when unclear or in doubt. The constitution gives rights but delimits their scope.

      Tayali should have read the Constitution together with the Law on Defamation.
      I doubt he will escape a guilty verdict.

  5. Did Tayali accuse the President of some wrong doing? I believe that is what he just did. Did he defame the President by accusing the President of some wrong doing? I think not!….
    Lets differentiate accusation and defamation.

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    • If I accuse you of being a prostitute – male or female would I not be defaming you?
      …..unless of course you really are a prostitute.

  6. The president canno go to court. But chief mkuni can take Tayali to court if indeed he has ben defamed. Then Tayali will have to prove his accusasations before the judge,

    • Defamation – in this case – is a criminal offense. Whether or not the President can go to court is a non issue.
      Police will arrest and prosecutors will prosecute. The President doesn’t even need to come to court as a witness.

      You’re found guilty – you go in.

    • What happened to Freedom of speech and what happened to innocence before proven guilty! There is a lot of things that I believe UPND is doing right but this is harassment and infringement of freedom of expression, what did the journalist do ? What is their crime ? Exposing the police ? Come on are we back in UNIP era

    • KM and you think that is OK for a democracy? Like someone above points out, in a democracy politicians are servants so they should anticipate criticism. They aren’t kings to be protected by some autocratic law that recognizes only one citizen The monarch. In kingdoms yes the law doesn’t recognize citizen rights in republics, democratic republics, the citizens are at the center of all political policies and actions.

  7. Upnd is bring order in the country. Lazy ECL was being insulted ,defamed but was just quiet and people thought it was normal. Now look at the decency on social media now. No insults.in PF some when they work up it was straight to insult ECL..Ba pilatus cannot talk now. Very scared

    • Order by arresting journalists? That’s happens in Authoritarian government like Russia and China . This is not order but control and using power to instill fear in the citizen . Wrong is wrong

    • Who determines murder?
      Isn’t that what courts are for?
      The LAW determines WHAT DEFAMATION IS.
      When an action ticks all the boxes representing the constituents or ingredients of ANY offense that means that offense has been committed.

  8. We keep doing the same things but expecting different results. Why do we hate ourselves like this? We shall never progress as a nation when we keep fighting each other on behalf of the real enemy. Your real enemies are economic plunderers parading as saviours.

  9. There’s an element of truth in what CT said. Chief Mukuni should sue CT and contest in court against him unlike the way he’s being treated like a criminal.

  10. Do not tell us, we saw the video and heard what he said. Just charge the guy and take him to court and he will produce evidence to prove that HH was indeed the gasser we have all been looking for. Stop wasting out time with endless statements. We have work to do!!

  11. @KM and you think that is OK for a democracy? Like someone above points out, in a democracy politicians are servants so they should anticipate criticism. They aren’t kings to be protected by some autocratic law that recognizes only one citizen The monarch. In kingdoms yes the law doesn’t recognize citizen rights in republics, democratic republics, the citizens are at the center of all political policies and actions.

    • Rule of Law is a tenet of democracy. The Law should state what actions amount to any given offence so the people accused of such offences should know at the time of the actions whether they are committed an offence or not.

      Ingredients of defamation of the President:

      1. Something is said
      2. What is said isn’t true
      3. The utterances bring the office of President into disrepute.

      Tayali, KM, Zulu, Njovu, Bwalya, Simasiku or anyone for that mater know before they say anything that if what they say ticks all the 3 Ingredients they will be committing an offence.

      If Tayali can prove that HH was involved in Gassing – there is nothing to worry about as he will be acquitted.

      Tell me: Do you – in your hrart of herats really belive HH was involved in gassing and Tayali will be…

    • Rule of Law is a tenet of democracy. The Law should state what actions amount to any given offence so the people accused of such offences should know at the time of the actions whether they are committed an offence or not.

      Ingredients of defamation of the President:

      1. Something is said
      2. What is said isn’t true
      3. The utterances bring the office of President into disrepute.

      Tayali, KM, Zulu, Njovu, Bwalya, Simasiku or anyone for that mater know before they say anything that if what they say ticks all the 3 Ingredients they will be committing an offence.

      If Tayali can prove that HH was involved in Gassing – there is nothing to worry about as he will be acquitted.

      Tell me: Do you – in your hrart of hearts really belive HH was involved in gassing??!!

      Why didn’t PF…

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