Monday, June 17, 2024

State enters nolle in Nakacinda defamation of the President case

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The Patriotic Front (PF) Chairperson for Information and Publicity, Raphael Nakacinda, has been discharged of a charge of defamation of the President after the state entered a nolle prosequi. However, Nakacinda has taken a fresh plea in a matter where he is charged with expressing words of contempt or ridicule to persons because of race, location and color, to which he pleaded not guilty.

The matter began when Nakacinda was initially charged with two counts of defamation of the President and expressing words of contempt or ridicule to persons because of race, location and color. He was alleged to have uttered tribal and derogatory remarks against President Hakainde Hichilema and the Tonga people during a live program on Hot FM in Lusaka.

State prosecutor, Micheal Nyundwe, told the court that the case was coming up for a plea, but before Nakacinda could take plea, the state had an application to make. Mr. Nyundwe said that the application was in relation to withdrawing the first count against Nakacinda so that he could remain with the second charge bordering on the charge of expressing hatred.

He said that the application was based on Section 88 (a) of the Criminal Procedure Code (CPC) and urged the court to discharge Nakacinda of the first charge. Magistrate Idah Phiri informed Nakacinda that he was discharged of the charge of defamation of the President following the decision of the prosecution to enter nolle prosequi in his favor.

Nakacinda is alleged to have uttered words in a local language translated as “You know what you did you Zambians is very bad, you went to pick the worst and complete ignorant of a Tonga from Bweengwa and then went to dump him in state House, expressing or showing hatred, ridicule or contempt against a group of persons namely the Tonga Speaking People of Bweengwa area of the Southern Province of the Republic of Zambia because of their place of origin and tribe.

The case has been adjourned to June 22, 2023, for possible commencement of trial. Nakacinda was represented by Francis Daka from Makebi, Zulu Associates.

22 COMMENTS

  1. The state is just wasting Nakachinda’s time and freedom to associate. He said the truth, and as they say the truth hurts!

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  2. Waste of time. Mentioning a tribe cannot be hatred. If you’re Mwachiusa you are Mwachiusa… imprisoning someone for calling you Mwachiusa won’t change you into something else.

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    • Why not just withdraw all charges? You withdraw some then start hunting for replacement charges! They still want to appease HH’s anger against this guy???

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  3. Raphael Nakachinda is a Tonga from Kalomo while the person he’s accused of having issued tribal remarks against is another Tonga but from Bweengwa. This makes a good case study. It’s unfortunate that UPND have elected to expend energy and resources on trivial matters that only appeal to individual egos. This won’t be without consequence. They’ll regret. They’ll be the first administration to be voted out because of paranoia and pettiness

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    • They have spent two years trying to cow the opposition into submission. How I wish all these energies were spent on availing cheap food to the population.

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    • A study of any form of human suffering, oppression and discrimination reveals that there is always a section of the victims of that inhuman treatment who actually accept it as normal. In other words, every form of exploitation, discrimination and brutalisation of people has its own kitchen negroes.

  4. Makes sense to enter a nolle in the defamation case since it’s no longer law. And they cannot re arrest him on that charge again. If I as a Tumbuka from Lundazi did say that the worst Tumbuka from Lumezi was elected as MP out of all other Tumbukas from Lumezi, have I committed a hate crime against Tumbukas?

    • It just shows you how incompetent our police are. They couldnt find a case to bring against Nakacinda so they dug holes around his house trying to find a way in. Kajoba was one of the most incompetent puppetmen he just acted because the president was angry. We need a professional police force and this will take decades to happen because we have destroyed bakapokola

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  5. This idyot may sue government and walk way money. That fuul has been a white color thief for a long time.

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  6. I support UPND, but I think politicians are all the same. They know each better than we know them.

  7. We all know that the State wants to use the legal system to intimidate rivals. Nakachinda’s case and millions of others are not what our prosecutors should be engaged with. There are plenty of criminals walking our grounds whom you should be arresting

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  8. “the charge of expressing hatred”
    I can assure all of you citizens that in Zambia’s 59 years of existence not a single Zambian has ever been in court on this charge. Its a record for gallivanter Marco Polo Slave -Master-loving, King Charles Idoliser Hakainde
    Nakacinda should receive a medal for this

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  9. Meanwhile the Upnd cadres who killed the NWP PF chairman are walking free in Solwezi. Waiting for instructions from Community House maybe?

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    • Everything you post you always have to find a way to link HH to it…what’s wrong with you?

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    • #Tarino. What else are the police waiting for? It may not be his wish to give instructions on such, but everyone is now used act only when HE says directly or indirectly.

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  10. Very disappointed, I thought those nolle prosequi days were long gone.
    This “Mushala” guy will definitely double up with his nonsense.

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  11. I do not understand how these politicians become so blind when they ascend to the throne of head of state. They do exactly the same things they condemed when they were in opposition. Why should someone not say that Akainde is the worst Tonga president? Is he not Tonga? Is mentioning Tonga an insult?. Is it not Hakainde who said” why can I not be president is it because I am Tonga” in reference to the UPND and PF working together.

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