Nakachinda Goes in, after High Court upholds 18-month jail term

Nakachinda Goes in after High Court upholds 18-month jail term

The Lusaka High Court has upheld the 18-month prison sentence imposed on Patriotic Front (PF) Secretary-General Raphael Nakachinda for defaming President Hakainde Hichilema, concluding a protracted legal process that began nearly four years ago. The ruling, delivered by Judge Anne Mary Kachenga Malata-Ononuju, dismissed Nakachinda’s appeal against his conviction, reaffirming the earlier decision by the Lusaka Magistrates’ Court and ordering his immediate arrest.

Nakachinda of Kafue District, surrendered himself at the Lusaka High Court shortly after the bench warrant was issued. His conviction stems from remarks made on 13 December 2021 outside the High Court of Zambia, where he told reporters and supporters that President Hichilema had begun summoning judges to his private residence to intimidate and coerce them into frustrating the Patriotic Front’s legal cases. The statement, which was broadcast by Muvi Television, prompted prosecutors to charge him under Section 69 of the Penal Code, which at the time made it a criminal offence to defame the President.

Nakachinda denied the charge, arguing that his comments were made in good faith and fell within his constitutional right to freedom of expression. However, on 17 May 2024, Senior Magistrate Irene Wishimanga found him guilty and sentenced him to 18 months’ imprisonment with hard labour, ruling that his words were calculated to bring the President into public ridicule and contempt. The court rejected the defence’s argument that the law had been repealed, holding that the offence was committed when Section 69 was still in force.

The High Court’s decision on appeal reaffirmed that position, finding that Nakachinda’s statements were defamatory and intended to undermine the authority of both the presidency and the judiciary. The court held that the remarks were made with reckless disregard for the truth and dismissed the appeal in its entirety.

Following the judgment, PF Vice-President Given Lubinda addressed the party’s Central Committee and supporters, describing the development as “punishment for speaking on behalf of the Zambian people.” He told the gathering that Nakachinda’s conviction was not the result of corruption or violence but of expressing opinions that challenged the government. “He’s gone in today not because he was corrupt or violent,” Lubinda said. “He’s gone to save time because of speaking, speaking for the Zambian people. For quoting others, Rafael has been quoted and put in to save time.”

Lubinda confirmed that the party would file an application for bail pending appeal to the Court of Appeal, insisting that Nakachinda had the right to exhaust all available judicial remedies. He said the PF viewed the case as an attack on democratic freedoms and a continuation of a broader pattern aimed at crippling the opposition’s organisational structure. “When they took Nixon Chilangwa, Rafael Nakachinda emerged,” he said. “Now that they have taken Rafael, another Secretary-General will emerge. No matter how long they keep him inside, our resolve only grows stronger.”

He urged PF members to remain steadfast and resilient, warning that further arrests were likely. “It is darkest before dawn,” he said. “For every one of our members who has been incarcerated, the hearts of hundreds of thousands are burning.” Lubinda also appealed to citizens to turn frustration into political action through voter registration, saying the next election would be the opportunity to “correct injustices.”

“Go and register with anger,” he said. “Be angry that Rafael has been arrested. And because we want him and others to be released come September next year, prepare to change the leadership of this country.” He further accused the current administration of being intolerant of dissent. “We know that this UPND regime is a government of scared little men, scared even of people who are speaking,” he said.

Lubinda ended his remarks by reaffirming the party’s commitment to fight for what it calls the restoration of justice. “For the liberation of Zambia, we are ready to save time in prison,” he declared. “None of us is scared. Aluta continue. Power to the people. One Zambia, one nation. This is a Zambia for all Zambians.”

The case has reignited debate over the use of criminal defamation laws in Zambia, particularly Section 69 of the Penal Code, which was repealed in 2022 but continues to apply to offences committed before that date. Human rights organisations have criticised the decision to uphold Nakachinda’s conviction, arguing that it sets back progress on freedom of expression and judicial independence. Legal analysts, however, note that the courts acted within the confines of existing law and judicial precedent.

Nakachinda is expected to begin serving his sentence immediately, though his legal team has confirmed that an application for bail pending appeal will be filed within days. The Patriotic Front maintains that it will continue to pursue all legal and political avenues to secure his release, framing the case as a test of Zambia’s commitment to constitutional rights and multiparty democracy.