Africa-Press – Zambia. The Lusaka Magistrate’s court has adjourned to 18th February, 2022 the matter in which PF Member of the Central Committee in charge of Information and Publicity, Raphael Nakacinda is accused of defaming President Hakainde Hichilema.
This is because the magistrate handling the matter Jennifer Bwalya is unwell. The case was expected to come up for ruling on whether it can be heard side by side in the magistrate court as well as the Constitutional court.
Mr. Nakacinda’s lawyers have applied in the magistrate court wanting the constitutional court to interpret whether section 69 of the penal code chapter 87 of the laws of Zambia does not go against the spirit and input of article 98 of the constitution.
In article 98 of the constitution, the President enjoys immunity such that no civil or criminal proceedings can be instituted against him or her while section 69 of the penal code criminalizes the offense of defamation of the President.
Therefore the defense feels that the input of article 98 of the constitution is supposed to exclude offenses such as defamation of the President. They say if the matter is allowed to proceed the President may not be placed on cross examination.
The lawyers argue that the defamation charge is in conflict with the provision of article 8 d of the constitution which provides for national values and principles and expulses the principals of equity, social justice, equality and non-discrimination
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