CHIEF JUSTICE SHOULD PROVIDE DIRECTION
…says Dr M’membe, as he bemoans the confusion arising from Sedition and hate speech cases
Lusaka… Tuesday February 18, 2025
Socialist Party (SP) President Dr Fred M’membe says there is confusion when it comes to Sedition and Hate Speech cases.
Dr. M’membe says it is important at this stage that the Chief Justice steps in and give direction over these cases.
He recalled that in the 90s, then Chief Justice Mathew Ngulube stepped in to hear a matter between the Post Newspaper and Michael Sata saying even the current Chief Justice has authority to provide direction.
The SP leader was speaking to journalists shortly after appearing before the Magistrate Court in Lusaka for Mention in the Seditious Practices case he is facing.
“Clearly there is confusion over Sedition and Hàte Speech. The case we have in Kitwe where Pastor Duncan Simuchimba has been sentenced to nine months in prison for pr0testing over the demolition of a market, and he has been taken to prison for allegedly inciting vi0lence, that is crazy. The Chief Justice cannot just sit and wait and say he has no powers. He has powers to give direction, he can pick up some of these matters and give direction,” he said.
“There are crazy things happening in our críminàl Justice system especially with cases to do with freedom of expression; these are Seditious Practices and Hate Speech. Where there is confusion, the leadership of the justice system have a duty to give direction. The Chief Justice cannot wash his hands like Pontius Pirate, he must act.”
He also cited another instance where High Court Judges stepped in and got cases from the subordinate courts to give direction because there was confusion.
“I remember a case in which the late Justice Peter Chitengi stepped in to hear a matter that was in the subordinate court, brought into the High Court; direction was set. Clearly, there is confusion over sedition, over hàte speech.”
Meanwhile, Dr. M’membe’s lawyer Simon Mulenga Mwila said the SP leader will go back to court for commencement of trial on 25th February, 2025 in one of the Seditious Practices cases he is facing.
I think it is important for leaders of political parties to have at one time been members of parliament. So that they are familiar with the law making and law repealing pricess.
Under ordinary circumstances, repeal or amendment of constitutional law requires a national referendum followed by a lengthy process to remove or edit existing law.
The office of the president can also exercise it’s powers to speed up the process. HH has already exercised this power in relation to commuting the death sentence to life imprisonment.
The intention to deal with these laws is there, unlike in the previous Lungu government. Step by step.
Please explain how the President can do that.
Like the comment below by Gunner because of Separation of Powers the President can only step in to Pardon. And that has to be recommended by the Parole board.
In Zambia we love to circumvent laid down laws and procedure and expect the President to step in at a whim.
That is not how it works. Want to amend the law. Remember what he told the Mps in his last session of Parliament about “flaws in the law”.
Both side of parliament (Ruling & Opposition) can bring up laws and debate them to amemd the laws.
Instead of being focuses MPs spend their time drinking and coming to work drunk, raising trival and petty issues in the name of checks and balances. Yes, there are issues that should seriously be brought to the house. But most of the time its issues people have not put serious thought into and just want to be seen to have said something. Again, I reiterate; critical thought is required in some of the real issues that plague Zambians. Not the silly back and forth that end up here and is exemplified by politicans. Chabinga gave a great response to Mpundu and his infantile display.
This is a one sided poor suggestion, you are just looking at the CJ, what about the offenders like you and others? You also tell them and yourself to avoid these seditious activities and hate speech. If you continue, you will always find yourselves on the wrong side of the law and you will have yourselves to blame. It’s not the duty of the CJ to provide direction to wrong doers, unless you want to abuse him. Just stop doing those things and you will forever be at peace with the law.
Fred M’membe is talking nonsense here. He knows that the Chief Justice cannot interfere in judicial proceedings in surbodinate courts. The only time the Chief Justice can examine a matter is if it reaches the Supreme Court on appeal and he sits on the panel of judges hearing the appeal.
This is a very good piece of advice to Mr. Mmembe.
Insightful ba Gunner. Mr. Mmembe says he studied law. Can he therefore be cited for misleading the public by LAZ? If he is a member of the bar?
Mr. M’membe is an accused person and can not be telling the Court what to do. Let him go to Court and answer the charges.
The Chief Justice is a member of the High Court. In exceptional circumstances, the Chief Justice can use discretion to sit on the High Court bench to hear a matter. In fact, there’s no Chief Justice who has sat on the High Court bench in 30 years. That’s how rare it is.
Seems these are just anarchist. Plain and simple. Pleasw seeking to detract the government of the day.
Can the courts expedite their cases so that the umderstand the gravity of some of their offences and futility of the arrogance.