Maravi

Referring to Rupiah as umuwelewele isn’t defamatory - Fr Bwalya

Referring to Rupiah as umuwelewele isn’t defamatory - Fr Bwalya
By Mwila Chansa in Luanshya
Wed 26 May 2010, 04:00 CAT

CHANGE Life Zambia (CLZ) executive director Fr Frank Bwalya on Monday admitted having described President Rupiah Banda as umuwelewele but maintained that the term is not defamatory.

During the recording of a warn and caution statement at Luanshya Central Police Station, second district criminal investigations officer Katongo Mulenga informed Fr Bwalya that he had been summoned to appear in connection with an article published on page two of The Post newspaper dated May 10, 2010 headlined ‘Rupiah should be given a red card, says Fr Bwalya.’

Mulenga then read through the entire story and drew Fr Bwalya to certain paragraphs.
“The first one is where it is alleged that you said Rupiah Banda ‘muwelewele’ and that is why he is allowing people like William Banda to do useless things,” Mulenga noted.

“The second one is where it is alleged that you said ‘nomba tukabika ama kites ya red mumulu pakuti alepita kumbi We will put red kites in the air so that he passes elsewhere’ and the third is where it is alleged that you said butter ‘nomba yashalilafye ba Rupiah nenkanda pa menso yafula elyo balemona ati basuma Mr Rupiah is the only one who eats butter these days and that is why his facial skin has thickened and he thinks he is handsome’ and the fourth is where it is alleged that you said Rupiah Banda should be given a red card. What is your reaction to this?”

Fr Bwalya, accompanied by brother Japhet Banda, then asked Mulenga what he meant.
“Reaction in terms of what?” Fr Bwalya asked.

In response, Mulenga said some MMD members complained to the police that Fr Bwalya had defamed President Banda based on the story.

Mulenga explained that the matter was reported in Ndola but it was later taken to Luanshya where the alleged offence was committed.

Fr Bwalya pledged total cooperation with the police, saying he recognised their role in enforcing law and order.

He said at the same time they also had a duty to ensure that it was done in a professional and non-discriminatory manner.

However, Fr Bwalya said he would do everything under protest because he had reported people such as Lusaka Province MMD chairperson William Banda for threatening him with violence and he believed that threats on one’s life were more serious than the defamation he is alleged to have committed.

Fr Bwalya observed that police had not summoned William Banda despite having reported him over three weeks ago.

But Mulenga advised Fr Bwalya to restrict himself to the matter at hand.
“Your complaint is genuine but I’m too small. It is a grievance that I may feel incapacitated to do anything about it,” Mulenga said.

But Fr Bwalya added that on the same day he reported William Banda, he also complained about Ndola District MMD publicity secretary Alex Mubanga’s threats on him of worse violence than what occurred in Mufumbwe.

Fr Bwalya said he was surprised that police had not called Mubanga over his threats.
However, he said he would stand by his words published in The Post because he did not think the words were defamatory.

“I did not say ‘iciwelewele’,” Fr Bwalya said but Mulenga interjected and asked the difference between ‘iciwelewele’ and ‘umuwelewele’.

Fr Bwalya explained that the prefixes ‘ici’ and ‘umu’ were different in terms of connotation of the individual being referred to.

He said people chose certain words because they wanted to convey certain messages.
Mulenga then asked Fr Bwalya if he could record a statement from him based on what he had said and he affirmed.

“Fr Bwalya, this statement is being taken today, 24th May 2010 at 12:20 hours at Luanshya district CID Criminal Investigations Department headquarters. Police are making an inquiry into defamation of the President contrary to section 69 of the Penal Code Cap 87 of the Laws of Zambia,” he said.

Mulenga told Fr Bwalya that he uttered defamatory words against President Banda on May 8, 2010 by word of mouth and he caused the said words to be published in The Post newspaper of May 10, 2010.

In his statement, Fr Bwalya said he went to Luanshya on May 8, 2010, to launch the programmes and activities of Change Life Zambia.

He explained that in launching the organisation, he addressed the people and said a lot of things that included issues of corruption, bad governance and the sufferings of the Zambian people.

He said he also talked about the lack of affirmative action by President Banda to stop the threats on ordinary citizens and actual violence.

“I also made reference to President Banda’s aimlessness and unreliability to stop people like Mr William Banda from threatening citizens with physical violence and in this context, I used a Bemba term ‘umuwelewele’ which means aimlessness and unreliability from my understanding,” he said.

Fr Bwalya said he had no intention whatsoever to maliciously scandalise or defame President Banda.
He said as a Christian, he was obliged to tell the truth as it presented itself.

“When corruption, selfishness, ineptitude, lack of common sense and social injustices abound, the truth assumes a voice and speaks louder than the promptings of conscience,” said Fr Bwalya.

And Kafulafuta MMD member of parliament George Mpombo yesterday described police’s recording of a warn and caution statement from Fr Bwalya as baffling.

Mpombo wondered why the police were so much in a hurry to summon Fr Bwalya over his alleged defamatory remarks against President Banda when they had not moved with the same speed to caution people like William Banda for threatening violence and Lusaka Province MMD youth chairman Chris Chalwe’s group for threatening to gang-rape FDD president Edith Nawakwi.

Mpombo advised the government against entertaining double standards.
“There have been cases in the recent past where police have taken so long to act. There was that issue of some MMD youths who threatened to gang-rape Ms Edith Nawakwi and up to now police are procrastinating and we don’t even know at which stage that case is,” he observed.

“Then Mr William Banda threatened Fr Bwalya with violence and Fr Bwalya reported the matter to the police but they have not moved. Then there was that party cadre in Ndola who threatened him Fr Bwalya with worse violence than what occurred in Mufumbwe… You see this is the problem in the African setup, justice is not properly delivered. There are gaps.”

Mpombo said the double standards being exhibited by the police were a threat not only to the country’s peace but also democracy.

“This police’s action can destroy the tenets of good governance. That is why when we talk about freedom, we are not just talking about political emancipation but we are also talking about emancipation in terms of delivery of justice. That is the problem in Africa and that is why you see that when there is a new government in place, they spend so much time on vengeance, trying to sort out this one and that one,” he said.

Mpombo said politics of persecution were long gone and whoever thought he owned Zambia would have a rude shock because the country was for everyone.

Labels: DEFAMATION, FRANK BWALYA, RUPIAH BANDA

posted by MrK @ 3:36 PM