Why Me Remains Behind Bars Amid Bail Dispute

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Why Me Remains Behind Bars Amid Bail Dispute
Why Me Remains Behind Bars Amid Bail Dispute

Africa-Press – Zambia. DESPITE the evidence of the offences he is charged with being all over social media, the Modern day ‘Lazarus’, Francis Kapwepwe alias ‘Why Me’ has joined Peter in the bible in ‘singing’ the deny ‘chorus’ after he pleaded not guilty to the three charges leveled against him.

But his hopes for a swift release on bail were stalled as the State sought more time to respond to the bail application.

The offences of the PF freedom fighter and insultious general relate to posts he made on his TikTok page, Why Me the Lion of the World, where he allegedly insulted Vice President Mutale Nalumango attacked residents of Southern Province, and even suggested that the region should be separated from Zambia.

He is charged with three counts of Hate Speech and Expressing or Showing Hatred, Ridicule or Contempt for Persons because of race, tribe, place of origin or color, contrary to Section 70(1) of the Penal Code Chapter 87 of the Zambian laws.

It is alleged in the first count of hate speech that Kapwepwe on March 31, 2025, using a Computer System via his TikTok page called Why Me the Lion of the World, knowingly without lawful excuse used Hate Speech against the Tonga People, when he alleged that Vice President Mutale Nalumango had lost her senses for allowing President Hakainde Hichilema to move Tongas from Southern Province to Kaputa District in her home village without protesting and “was mute like a locust.”

Particulars in the the second count are that Kapwepwe on April 3,2025, used Hate Speech against People of Southern Province when he alleged that the President wanted to install his fellow Tonga Chief Mukuni as a King disregarding the four Senior Chiefs in the country and made a proposal that Southern Province be separated from Zambia and given another name.

In the third Count Kapwepwe on April 8, 2025 on his TikTok page called Why Me the Lion of the World, uttered words that expressed hatred, ridicule or contempt for the people of Southern Province by likening them to men’s family jewels and morons.

During proceedings before Magistrate Andrew Mungala, Kapwepwe’s lawyer, Jonas Zimba, applied for bail and urged the court to consider that the accused was of a fixed abode and willing to meet any conditions imposed by the court.

Zimba argued that the offences faced by his client were bailable and cited the presumption of innocence under Article 18 of the Constitution.

“We apply for bail pending trial pursuant to section 133(1) of the Criminal Procedure Code. The court will note that the offences with which the accused is charged are bailable. The accused is of fixed abode and desirous to pursue his trial and can meet any conditions that the court may set.”

“My client, who is by Article 18 presumed innocent unless found guilty, is a proper candidate for bail,” he said.

The State, represented by Mukuma Chipawa, however decided to delay the bail decision by requesting that their response be filed in writing.

Magistrate Mungala intervened to clarify procedural expectations.

“An application can be made viva voce or through affidavit. Rules of procedure make provision for applicants or respondents to either make viva voce or through affidavit. I order that the application be filed through affidavit in time to allow the defence to respond. I will give a day each.”

The State confirmed it would file its submissions today, while the defence indicated it would respond on Thursday.

September 4 has been set for ruling on the bail application, with the trial scheduled to commence on September 5 and 6, 2025.

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