AMB. MWAMBA RAISES CONSTITUTIONAL ISSUES IN HIS CASE OF CALLING FOR NATIONAL SHUTDOWN

AMB.MWAMBA RAISES CONSTITUTIONAL ISSUES IN HIS CASE OF CALLING FOR NATIONAL SHUTDOWN

Lusaka-1st March 2024

….Mwamba’s call for a national-wide shutdown to protect democracy is a constitutional right to form opinion and express himself argues his lawyers …

Patriotic Front party Member of the Central Committee and Chairperson of Information and Publicity, Amb. Emmanuel Mwamba today appeared before Lusaka Magistrate, Hon. Chrispin Hampungani and raised constitutional issues in the case in which he has been charged with Sedition.

Mwamba said he could not take plea as the indictment against him was defective as it infringed on his rights to express himself.

He requested the Court to refer the matter to the Constitutional Court to determine whether the charge of seditious practice was tainable when the charge infringed on his constitutional rights.

He stated that Article 128 vests the powers to interpret the Constitution in the higher court.
He requested that the question be referred to the Constitutional Court for interpretation.

In the submission lawyer from Makebi Zulu Advocate Mr. Daka stated that;
Provision of 57(1) c Penal Code, Seditious practice objected;

1.manner it has been phrased

2. Statement made whilst exercising his constitutional guaranteed right of expression Article 19(freedom of conscious), 20 and 23.
3. Is to be read with articles 1(1) of the Constitutionas well as Aryicle 8 of the Constitution.
4. The summary freedom to form an opinion, hold and express it as guaranteed by the Constitution.
5. Such an opinion can be held and expressed without interference.
6. Protects the accused against on the basis political opinions
7. The indictment shows the accused expressing his constitionally guaranteed opinion and cannot be charged by the offence of sedition.

But State Advocate Siamaila Mable, objected to the application and claimed it was premature.

She requested the court that Amb. Mwamba takes plea before the Court could consider his application, he should take plea first.

Mwamba’s lawyers however, stated that a preliminary issue can be raised at any stage.

Magistrate Hampungani adjourned the matter to 14th March 2024 for a ruling

Below is the background

…Mwamba’s call for a national wide shutdown to protect democracy were seditious says

Patriotic Front party Member of the Central Committee and Chairperson of Information and Publicity, Amb. Emmanuel Mwamba has been appearing before Lusaka Magistrate, Hon. Chrispin Hampungani.

Mwamba is charged with the offence of engaging in seditious practices contrary to Section 57(1)(c) of the Penal Code Chapter 87 of the Laws of Zambia.

The case arises from Amb. Emmanuel Mwamba calls for a national wide shutdown to protect democracy and the Constitution whose words have been deemed to be seditious.

The details are that on the 4th day of
November, 2023 at Lusaka in the Lusaka
District of the Lusaka Province of the Republic
of Zambia, on his own Facebook page, Emmanuel Mwamba did publish
seditious material entitled National – wide shut down “This amendment to the patriotic Front Office Bearers remains illegal.”

Mr. Mwamba further stated that;

“Like the illegal changes at parliament or anywherelse, the extral -Ordinary General Conference that made Miles Sampa PF President, remains illegal and was held outside the provisions of the Patriotic Front Constitution.”

“The Patriotic Front shall Not be stolen by a stooge installed by President Hakainde Hichilema.”

“Parliament, Courts and Registrar of Societies will Not deliver justice. Family let’s reclaim our
Democracy and Constitutionalism by engaging in mass actions and national -wide shutdown.”