A 28-year-old Indian man yesterday appeared in the Lusaka Magistrates’ Court for allegedly calling a Zambian “black dog”.
And Chief Resident Magistrate, Lameck Mwale has granted the accused cash bail of K15,000 with two working sureties bound in the sum of K30,000 in their own recognizance.
In this matter, Patel Shahnawazy is facing one count of expressing or showing hatred, ridicule or contempt for persons because of race contrary to section 70 (1) of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence allege that on April 24, 2019, in Lusaka, Patel uttered words verbally expressing or showing hatred, ridicule or contempt to Ian Chilanga, wholly or mainly because of his tribe, place of origin by stating that “you are a black dog”.
The accused was charged with the said offence in relation to the viral social media video in which he was filmed, allegedly hurling insults at a Zambian and calling him “you bloody black dogs…you thief, mother f**ker” among other unprintables.
The matter came up before magistrate Mwale, Monday, for mention and explanation of the charge.
This was after the State informed the court that they had not yet received consent from the Director of Public Prosecutions (DPP) to prosecute the matter.
And after reading the charge, magistrate Mwale explained to the accused that he shall not take plea because consent from the DPP was not ready.
At this point, Patel’s lawyer, George Musonda applied for bail saying the accused was of fixed abode.
“Your honour, the accused is facing a bailable offence. Therefore we pray that this court exercises it’s discretion to admit the accused to bail. The accused is of fixed abode. He has been in custody since Thursday last week,” he said.
The State had no objection to the application for bail.
Magistrate Mwale then granted Patel cash bail of K15,000 with two working sureties bound in the sum of K30,000, but in their own recognizance.
He ordered that the sureties should be permanent residents of Lusaka and employees from reputable institutions.
The matter comes up on May 3, this year, for mention awaiting consent from the DPP.