Africa-Press – Zambia. The current 2016 constitution has major flaws as agreed by most. It’s no different from the previous constitution that had a law tailored to fix personal or political competitors. Avoiding to use the word enemies here. The penal code then states; Defamation of President
“69. Any person who, with intent to bring the President into hatred, ridicule or contempt, publishes any defamatory or insulting matter, whether by writing, print, word of mouth or in any other manner, is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding three years.”
This law is so at variance with our regional peers and mordern democracies. In South Africa (SA) for instance, it’s a known fact that whoever gets to be President will be called all mother of names and insulted to the last scale. I listen on a weekly if not daily basis opposition leader Julius Malema mention both in and outside Parliament words like Idiot, foolish, useless, stupid etc.
At no time have we heard that he been arrested for defamation of the President, Ministers or MPs. Both Zuma and Ramaphosa just got to develop a thick skin and look other side.
One can argue that the SA penal code has no such such law as section 69 of the Zambian penal code that essentially elevates the President to a status of super and bigger human that all other 20 million Zambians. President HH is actually on record of having refused to be called in the almighty sounding ‘Your Excellency’. He preferred ‘Mr President’. That was impressive then but turn of invents from over zealous some in the system and outside erodes that noble gain made.
I keep reading the .. “It’s the PF that made the law and arrested people on the same charge and not UPND”. True to some extent but at what point will this Country change from creating bad precedents only to be revenged by those that take over government from incumbents. We tend to quickly forget that the hand over day always comes and then it’s dejavu.
If there was one republican President that was to break that cycle, I thought it was and to some extent still think HH can do it. As in doing things different and not like PF or his immediate and past predecessors did to him and UPND. It was the same with Sata who was incarcerated same way as President HH.
It has to stop at some point and that point is now. The USA has many reasons to incarcerate former President Trump but no they will never do it. It would be unprecedented and yet the same USA clap when Africa’s opposition leaders are arrested and jailed.
That said all I can say on the arrest and incarnation of the opposition leader Sean Tembo likely for the breach of section 69 of the penal code cited above is …
“ Mr President mulapepa. Bwesheniko umutima”.
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