…as former Secretary to the Cabinet, Leslie Mbula, sues Sean Tembo for allegedly issuing derogatory remarks against President Hakainde Hichilema.
Lusaka – Socialist Party leader, Dr. Fred M’membe says the excitement of President Hakainde Hichilema over his moving with a firearm is very worrying.
“He is passing judgement on a matter I am being prosecuted over by law enforcement agencies under his control and command. In more fair and just societies, his comments and insinuations would constitute a very serious breach, prejudicing my case,” reads his Facebook post.
In a recent case in which the Mongu High Court sentenced former president Edgar Lungu’s barber, Shebby Chilekwa, to 25 years imprisonment with hard labour for murder, the Judge had made reference to statements issued by President Hichilema on social media when passing judgement. Chilekwa’s lawyers have since used it as part of the grounds of appeal.
“The trial court erred in law and fact when it made reference to extraneous facts defending the statements made by the Republican President and pronouncing himself on matters he saw on social media when the same were not part of the evidence on record,” reads, in part, the court letter of appeal.
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And Dr. M’membe says that the fact that Mr. Hichilema has never carried a firearm even when his life was in constant danger as an opposition leader doesn’t make his moving with one illegal or unjustifiable.
“It’s lawful for any Zambian to own and carry a licensed firearm and use it within legally permissible conditions and circumstances. I have carried a firearm for most of my life. The life I have lived has required me to carry a firearm, and I have been properly and adequately trained in the use of firearms,” his statement continues.
Dr. M’membe insists that the life Mr. Hichilema has lived is very different from his. And that Mr. Hichilema’s path in life is very different from his, emphasizing that each path in life is different.
“It’s not fair and just for Mr. Hichilema to prejudice my case. From his comments and insinuations it’s very clear that he is very excited about this case and he would like to see me fixed. And he seems to have serious problems concealing his excitement. But for now, let him keep his excitement and desires to himself and allow me a fair and unprejudiced trial. The exercise of power must be a constant practice of self-limitation and modesty,” Dr. M’membe reiterates.
In another development, Patriots for Economic Progress (PeP) president, Sean Tembo, has been sued by former Secretary to the Cabinet, Leslie Mbula, for allegedly issuing derogatory remarks against President Hakainde Hichilema.
Mr. Mbula has also sued Attorney General Mulilo Kabesha as the first respondent in the matter. He has claimed that Mr. Tembo has on his Facebook page been persistently issuing derogatory language when criticising President Hichilema on various issues.
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Mr. Mbula has asserted that the usage of derogatory remarks against elected leaders is against the laws of Zambia. He further states that the practice is contrary to culture, national values and principles spelt out in Articles Eight and Nine of the Constitution of Zambia.
Mr. Mbula wants the Constitutional Court to interpret whether or not freedom of expression has unfettered limit, owing to Mr. Tembo’s usage of insulting language in his public debates.
This is contained in an originating summon filed in the Constitutional Court.
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