THE Ndola magistrate court yesterday sentenced a 35-year-old man to 18 months in prison with hard labour for defaming President Rupiah Banda.
Ndola Chief Resident Magistrate Kelvin Limbani jailed Darius Mukuka, a driver of Chifubu Township in Ndola, for uttering defamatory words against the president.
This is a matter in which Mukuka was charged with defamation of the president.
Facts of the case are that Mukuka, on March 22 last year, with intent to bring the name of the president in ridicule, said: “Uyu….finshi alelanda, alebepa abantu nafilwa ukuteka icalo.” (Bemba for ‘what is this fool saying, he has failed to govern the country and should not be lying to the people.’)
Mukuka uttered these words at Chifubu Recreation Club. He pleaded not guilty to the offence.
Mr Limbani said from the evidence adduced in court, it was not in dispute that Mukuka was at Chifubu Recreation Club on the said evening.
It was similarly not in dispute that Mukuka got into an argument with some people while at the club as the Zambia National Broadcasting Corporation (ZNBC) main news was being broadcast after the name of the president was mentioned.
Mr Limbani said from the evidence given by the State witnesses, Mukuka had uttered words that brought the name of the president into disrepute.
He said Mukuka got into an argument with some people in the bar because of the same words he had uttered, which made them unhappy that he had insulted the president.
Mr Limbani said Mukuka’s evidence and that of his single witness that he argued with other people because he did not want to watch the ZNBC main news as they could watch it from their homes, and that he only argued with the bar maid, was an afterthought.
“Citizens have a duty to defend and uphold the office of the president and not to defame the office regardless of what the differences are,” he said.
He said Mukuka deserved punishment as a deterrent to him and others, and in order to prevent disorder and anarchy in the country.
Mr Limbani, however, said he would exercise leniency because the convict was a first offender, and sentenced him to 18 months in prison with hard labour.
In mitigation, Mukuka said he was married with four children, and that the first child was in grade nine while the last was in grade two.
He said he was also taking care of his parents and was in employment.
At that point, when Lusaka-based lawyer Bonaventure Mutale, who was in court for other matters, noticed that Mukuka was struggling with his mitigation, he asked Mr Limbani if, as a friend of the court, he could offer some direction to the convict.
Mr Mutale said Mukuka was remorseful and urged the court to consider the circumstances under which he committed the offence.
He said Mukuka was consuming alcohol at the time and therefore had no criminal intent to defame the president.
[Times of Zambia]