SEAN TEMBO
COURT UPDATE – THE PEOPLE VS BATUKE IMENDA
Lusaka, 4th March 2024
The matter in which the UPND Secretary General Mr. Batuke Imenda is charged with Hate Speech for referring to the Archbishop of Lusaka Dr. Alick Banda as “the Lucifer of Zambia” came up for a hearing today, Monday, 4th March 2024 before Lusaka Magistrate Hon. Chanda in Court 10 at 10hrs.
The Complainant, Mr. Sean Tembo informed the Court that he had not yet received any correspondence from the DPP regarding a decision on whether the Complainant can proceed to privately prosecute the matter or not. In the last correspondence which the DPP made to the Complainant, he had demanded for evidence proving that the Accused had indeed committed the alleged offense. The Complainant proceeded to provide the DPP with the requested evidence in audio-video format and also indicated that he has four witnesses lined up, who are willing and available to testify in Court against the Accused Batuke Imenda. The DPP then went quiet and has been quiet ever since.
During today’s hearing, in addition to his Counsel Mr. Larry Njungu, the Accused Batuke Imenda engaged two additional Counsel from two different law firms, being Counsel Senzo Zaza and Counsel Timothy Munalula. The Complainant Mr Sean Tembo continued to represent himself.
Counsel for the Accused Batuke Imenda made an application before Court to have the matter referred to the Constitutional Court for determination of alleged constitutional issues. The Complainant Mr Sean Tembo opposed the Accused person’s application on the basis that there are no constitutional issues that require determination by the Constitutional Court, and that the issues raised by the Accused in his application are simply challenging the procedure to be followed for criminal matters brought to Court by way of complaint under Section 90 of the Criminal Procedure Code Act, Cap 88 of the Laws of Zambia, and that the said issues are not constitutional in nature.
The Complainant also argued that the issues raised by the Accused person in his application to have the matter referred to the Constitutional Court where previously raised in an application to raise preliminary issues that the Accused filed before Court on 22nd January 2024 and that the Court dismissed those issues in a ruling delivered on 8th February 2024, and that therefore the application to raise constitutional issues amounted to a de facto appeal using the back door of the ruling rendered by Court on 8th February 2024 and that it therefore amounted to an abuse of Court process by the Accused Batuke Imenda.
The Court has reserved ruling on the Defence’s application to stay the matter and refer it to the Constitutional Court for determination of alleged constitutional issues, to Monday, 18th March 2024.
///END