LUSAKA Chief Resident Magistrate Lameck Mwale has found Chishimba Kambwili with a case to answer in a matter he is charged with defamation of the President in relation to his “imbwa sha bantu yaleikala fye ku Chawama” remarks.
He has since been placed on his defence which he is expected to open on April 20, this year.
Kambwili is facing three other active cases before the Lusaka Magistrates’ Court, one of which is another defamation of the President matter.
In this matter, he is alleged to have between August 26 and 27, 2019 in Lusaka, with intent to bring the President’s name into hatred, ridicule or contempt, published an insulting matter by word of mouth.
He pleaded not guilty and various witnesses testified against him in the matter.
However, when the matter came up for a ruling on a case to answer, Monday, magistrate Mwale said after considering the evidence by the nine State witnesses, he was of the impression that a prima facie case had been made out against Kambwili sufficiently to warrant the court place him on his defence.
“I therefore find the accused person with a case to answer in respect to the charge of defamation of the President and I accordingly put him on his defence,” magistrate Mwale said.
After being placed on his defence, Kambwili, whose lawyers were not before court, asked for an adjournment to enable him consult them on the route he would take in his defence.
This was after Magistrate Mwale explained to the accused person that he had three options in proceeding with his defence, which was to either give sworn or unsworn evidence or to remain silent in his defence.
Magistrate Mwale also adjourned the matter to April 20, this year for defence.
In this matter, Kambwili is alleged to have said, “Noti ishi imbwa shabantu yaleikala fye Ku Chawama elo yamona ste ati ntandale icalo, eko baita fye kuya. Kuti washo umutengo wabunga balelwa 150 Waya? Kumona fye abantu abika kuti wabula Kampyongo, ati Minister of Home Affairs? Kuti Chaba Chalo ? Ba Kaizer Zulu. Okay bane. (not these people who are like dogs who used to stay in Chawama when it saw ‘ste’ decides to move all over the world, when ever it is called, it goes. Can you leave the price of mealie meal they fight 150 you go. You can even see the people he appoints. How do you appoint Kampyongo as Minister of Home Affairs? Can it be a country? Ba Kaiser Zulu. Okay guys).”
Previously, the arresting officer in the matter testified that the alleged defamatory words uttered by Kambwili against President Lungu were not fit to be used on a human being.
Stephen Nkowani, a police officer at Lusaka division headquarters, testified that on August 27, 2019, he was on duty when he took over a docket of defamation of the President.
He said the complainant in the matter was Daniel Nyati of Lusaka who complained against Kambwili over the utterances he made against the President which went viral on social media.
Nkowani said in the video, Kambwili was seen in a motor vehicle dressed in a red, blue and white striped t-shirt.
He added that Kambwili was also wearing a wristwatch and a ring on one of his fingers.
Nkowani said the words Kambwili allegedly used were insulting, demeaning and should not be used against a human being, especially a President.
He added that he received another complaint from another person by the name of Allan Mkandawire who lodged a similar complaint after seeing a story in the Daily Nation Newspaper.
In cross examination by defence lawyers Keith Mweemba and Gilbert Phiri, Nkowani admitted that Jack Compound was in Kabwata constituency and not Chawama.
He further admitted that President Lungu had never stayed in Chawama.