Court convicts ZNBC Top Stories News page admins for publishing seditious content.
THE Lusaka Magistrates’ court has fined a medical student and two others a K10,000 in default to six months of simple imprisonment after they were found guilty of creating a Facebook page “ZNBC Top Stories News” in order to publish seditious content.
https://www.facebook.com/share/p/15ToLRkJrm/?mibextid=oFDknk
Alick Sakala, 21, of Kitwe, Chimango Luhanga, 25, a chef and Samuel Mwene, 23, a medical student both from Mtendere in Lusaka were charged with four counts of use of insulting language and Identity related crimes contrary to the laws of Zambia.
It is alleged in count one that Sakala
on unknown dates but between January 27, 2024 and February 29, 2024 as a page admin of a Facebook Account circulated insults on ZNBC Top Stories Online News.
And Sakala jointly and whilst acting together with other persons unknown did knowingly without lawful excuse by using a computer system transfer, possessed and used, identification of another person to insult or annoy people on traffic data.
It is also alleged that Sakala, Luhanga and Mwene jointly and whilst acting together created a page on Facebook in the names of ZNBC Top Stories Online News to publish seditious content.
Further allegations states that Luhanga knowingly without lawful excuse by using a computer system transfer, possessed and used, identification of another person to insult or annoy people on traffic data.
The convicts were found guilty upon their own admission of guilt and convicted on the said charges.
The court ruled that Sakala and Luhanga should each pay K10,000 cash or in default to six months simple imprisonment, while Mwene was fined K2,400 or in default to six months imprisonment.
In rendering judgement, magistrate Constance Kansankala said the three needed to be punished to set an example to would-be offenders who abuse the cyber space.
In mitigation, the accused persons through their lawyer asked for leniency stating that they are all if youthful age who deserves a second chance for them to amend their ways.
“All the three are remorseful for their actions and they pledge not to offend again . The period they have been in custody has taught them valued lessons. They have pleaded guilty without wasting your time.”
“The offence do not only carry mandatory sentence therefore your hands are not tied. They are at your leniency. As you consider meeting out your sentence, may you put that into consideration and as already stated they are youths who are not working therefore the fine must also not be higher, infact they pray that you find it in your infinite Wisdom to give them a non custodial sentence,” lawyer pleaded on their behalf.
However, court said they abused the cyber space and needed to be punished.
“I have taken into consideration that they were youthful and had shown remorse for the actions. I also consider that they are first offenders who readily admitted to the offence. However, there is an increase use of social media by youths to commit crimes,” magistrate Kansankala said.
She found them guilty and convicted accordingly.
“Accused number one and two a fine of K180 and K10,000 fine on count two count three, Accused number three fined K2,400 the sentence to run non cumulative
on or before March 28, 2025 or six months simple imprisonment.”
“This means the accused persons will pay the highest amount before March 28 or serve or serve six months simple imprisonment,” magistrate Kansankala ruled.
By Lucy Phiri
Kalemba March 5, 2025