Court News

Nakacinda case goes to ConCourt



THE case in which Patriotic Front (PF) information and publicity chairperson Raphael Nakacinda is accused of defaming President Hakainde Hichilema has been referred to the Constitutional Court. The matter has been taken to the higher court for determination of constitutional issues raised by Nakacinda’s lawyers, Jonas Zimba and Makebi Zulu. The issues raised relate to the constitutionality of prosecuting their client for allegedly defaming the head of State who is by law, immune to prosecution. Nakacinda is charged with defamation of the President under Section 69 of the Penal Code. On December 13, last year, with intent to bringing President Hichilema’s name into hatred, ridicule and contempt, Nakacinda allegedly caused the publication of a defamatory matter against the head of State. While addressing people outside the Lusaka High Court grounds, the politician alleged uttered defamatory words which were also aired on Muvi Television. Nakacinda reportedly said: “Hakainde Hichilema is not sleeping, he has begun to summon judges to his house to try and intimidate or coerce them to advance an agenda to bring a one party state in the country.” On December 27, last year, Nakacinda appeared before Lusaka chief resident magistrate Dominic Makalicha and denied committing the offence. When the case resumed yesterday, public prosecutor Abraham Ngozo informed the court that the prosecution team was ready to start trial with five witnesses. But magistrate Makalicha said he will no longer handle the case for professional reasons. He recused himself and referred the matter to principal resident magistrate Jennifer Bwalya. In magistrate Bwalya’s court, Mr Zulu applied that the matter be referred to the Constitutional Court for determination of a constitutional question. “The Constitutional Court should answer the question of whether a provision and offence under Section 67 of the Penal Code Cap 98 of volume 7 of the Laws of Zambia is CLICK TO READ MORE

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