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.