Maravi

Ndola man gets 18 months for insulting Rupiah

COMMENT - If this was happening in Zimbabwe, it would make international headlines. It is outrageous that someone could incur a criminal sentence for speaking their mind. Especially when it only concerns an elected official.

Ndola man gets 18 months for insulting Rupiah
By Abigail Chaponda in Ndola
Fri 19 Mar. 2010, 04:00 CAT

Darius Mukuka of Chifubu township was charged with defamation of the President, contrary to section 69 of the Penal Code Chapter 87 of the Laws of Zambia
Ndola Chief Resident magistrate Kelvin Limbani on Wednesday sentenced a 35-year-old driver to 18 months in prison with hard labour for insulting and defaming President Rupiah Banda.

Darius Mukuka of Chifubu township was charged with defamation of the President, contrary to section 69 of the Penal Code Chapter 87 of the Laws of Zambia.

Particulars of the offence were that Mukuka on March 22, 2009 in Ndola with intent to bring the name of the President into ridicule by word of mouth did say the words, “uyu Chikala, finshi alebepa abantu, nafilwa ukuteke ichalo” derogatory and insulting words meaning this…has failed to run the country.

Mukuka is said to have insulted President Banda whilst at Chifubu Recreation Club when President Banda appeared on Zambia National Broadcasting Corporation (ZNBC) television news, receiving visitors from Australia

Passing sentence, Limbani said Mukuka's action deserved punishment so that he can reform and be deterred from committing similar offences and that others should learn from him.

“I should state that the Office of the President is the highest office in the land and deserves respect from each and every citizen. One cannot take pride by defaming the Head of State of this country despite the differences that he may have,” magistrate Limbani said.

He warned that insulting the President leads to anarchy as evidenced from the quarrels that arose at the Chifubu Recreation Club when Mukuka uttered the defamatory words.

He, however, said he had taken into account that Mukuka was a first offender who deserves leniency.

“The accused deserves to be punished so that he can reform and so that others can learn that insulting the President is an offence. I sentence you to 18 months imprisonment with hard labour. If you are not happy with my decision, you can appeal to the High Court within 14 days,” magistrate Limbani said.

He said citizens had a duty to respect and uphold the office of the President, instead of insulting and defaming it.

In mitigation, Mukuka said he is a father of four school-going children and that he was the breadwinner of the family.

And lawyer Bonaventure Mutale said Mukuka was sorry about what he said at the club but that the court should take into account the circumstances in which he uttered the defamatory words because he was imbibing alcohol.

Labels: COURTS, DEFAMATION, RUPIAH BANDA

posted by MrK @ 1:20 PM