Africa-Press – Zambia. A STATE witness has told the Lusaka Magistrates’ court that he was filled with fear when he saw a social media post by Nkana Independent MP Binwell Mpundu urging fellow politicians to buy guns in readiness to defend themselves.
Earlier, Magistrate Webster Milumbe dismissed Mpundu’s application to have the matter referred to the High Court, challenging the constitutional validity of the offence.
In this matter, Mpundu is facing one count of seditious practices, contrary to Section 57(1)(b), read together with Section 60(1)(i) of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence allege that on December 20, 2024, in Lusaka, Mpundu allegedly published seditious words via a social media post in which he stated: “DEFEND YOURSELVES WITH EQUAL MEASURE. Fellow citizens, I am out of the country and I have received this report of the attack on Mr Sean Tembo and team by Trevor Mwiinde and team with so much pain in my heart.
Trevor Mwiinde is the man reported to have been behind the abduction of Honourable Jay Jay Banda and walks free because the police cannot touch him and today he’s reported to have led an assault on Mr Tembo right in front of the Luapula Commissioner of Police Mr Yuyi Mwaya. I can only say this to my fellow politicians, one thing is very clear that we are on our own, and it’s time we got ready to start defending ourselves with equal measure.
I urge my fellow politicians to buy guns in readiness to defend yourselves. Look, the law provides for self-defence when you are attacked and so if the police will watch you being attacked and are prepared to even facilitate for that attack as being reported, then only one thing remains…BE READY TO DEFEND YOURSELVES. May God save Zambia”.
When the matter came up for ruling, Thursday, Magistrate Milumbe said he had the jurisdiction to hear the constitutional question and determine whether it was frivolous or not.
“I have the jurisdiction to hear the Constitutional question and determine whether it is frivolous or not? I find that the question by the accused, in my opinion, the raising of this question is frivolous. I order that trial must commence forthwith,” he said.
Following the ruling, Choongo Bweembelo, a businessman, informed the court that he was uncomfortable with Mpundu’s sentiment urging fellow politicians to buy guns in readiness to defend themselves.
“I remember very well that in December 2024, shortly after the Christmas celebrations, I decided to catch up on social media. On that particular day, as I was browsing through my usual social media updates, I went through several accounts I follow, including the page of Hon. Binwell Mpundu, the member of parliament for Nkana.
I cannot remember the exact date, but it was approximately more than a year ago. On that day, I came across a post with the headline ‘Defend yourselves with equal measure.’ I recognise him as a member of parliament because I often see his videos posted on his page. I became interested in the post and read through it. My attention was especially drawn to paragraph three, where he urged fellow politicians to arm themselves by buying firearms,” he said.
“After reading that statement, I felt very uncomfortable. As a person of his status, a lawmaker calling on citizens to arm themselves, I wondered: against whom were they supposed to arm themselves? I was filled with fear because calling on Zambians to arm themselves has a lot of consequences.
What made me even more fearful was his influence and the large following he has, combined with the fact that we have seen similar situations before. I do not know exactly how many people followed him, but many reacted to the post. Because of all this, I felt compelled to report. I went to Lusaka Division Central Police to lodge a report/complaint. After some time, I was called to Force Headquarters, where I gave a formal statement”.
Meanwhile, in cross-examination, when asked if he was a UPND member, Bweembelo said he was an ordinary member.
Asked if his intention in reporting the matter to police was to see that Mpundu went to prison at the end of the proceedings, Bweembelo said there was no intention of having someone sent to prison, adding that a society was governed by the laws.
Asked what “defend yourselves with equal measure” meant, Bweembelo said if your opponent is having a gun, you should also have a gun.
Magistrate Milumbe adjourned the matter to December 19, 2025 for continued cross-examination.
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