LUSAKA, Zambia – The Lusaka Magistrate’s Court has ruled that a Lusaka man accused of cyber harassing Presidential Policy Advisor Ms. Chipo Mwanawasa has a case to answer.
Magistrate Idah Phiri found that the State had established a prima facie case against Joseph Chishimba, 33, of Jack Township, and subsequently placed him on his defence.
Chishimba is charged with the publication of information contrary to Section 54 of the Cyber Security and Cyber Crimes Act No. 2 of 2021. He pleaded not guilty to the charge at the start of the trial.
Allegations and Evidence
Prosecutors alleged that between October 9 and October 14, 2024, Chishimba used a registered phone number to post a screenshot in a WhatsApp group named “Zambian Politics.”
The court heard that the screenshot purported to originate from a Facebook page under the name “Hon Charles Kakula.” The image’s caption contained a serious personal allegation against Ms. Mwanawasa, falsely claiming she was impregnated by an individual at “Plot 1,” a common reference to State House.
The State presented evidence linking the accused to the publication, which the magistrate deemed sufficient to require a defence.
Legal Threshold Met
In delivering her ruling this morning, Magistrate Phiri stated that the evidence presented, if uncontested, could sustain a conviction. The finding of a prima facie case shifts the legal burden to the accused to answer the charges against him.
“The court has found that a prima facie case has been made out against the accused. He is therefore placed on his defence,” Magistrate Phiri stated.
Next Steps
With the court’s ruling, the trial now moves to the defence phase. Chishimba must choose how to proceed, with options including testifying under oath, calling witnesses, presenting evidence, or exercising his right to remain silent.
The case is being closely watched as a test of the application of Zambia’s 2021 cyber laws, which criminalise the electronic transmission of harmful information intended to harass, intimidate, or degrade an individual.
The matter has been adjourned to a future date for the defence to begin its case.
