COURT UPDATE: THE PEOPLE Vs DOUGLAS SYAKALIMA

COURT UPDATE: THE PEOPLE Vs DOUGLAS SYAKALIMA

Lusaka, 23rd May 2024

On 21st March 2024, Mr Sean Tembo the Party President for the Patriots for Economic Progress (PeP) filed a criminal complaint at the Lusaka Magistrates Court, against one Douglas Syakalima, who is the current Minister of Education. The criminal complaint is for Hate Speech in which the Accused Douglas Syakalima, while using a computer system, referred to the people of Luapula Province as having “a poverty of the mind” which is contrary to the provisions of section 65 of the Cyber Security and Cyber Crimes Act No. 2 of 2021 of the laws of Zambia.

On Friday, 19th April 2024, the Magistrates Court informed the Complainant Mr. Sean Tembo that it would not issue summons against the Accused Douglas Syakalima, until the Complainant engaged Counsel to represent him in the matter. On Thursday, 25th April 2024, the Complaint Mr Sean Tembo wrote a letter to the Lusaka Magistrates Court, challenging the Court that there is no law in Zambia which compels a Complainant to engage Counsel before their complaint can be heard by the Court, as such a law would be in contravention of the Republican Constitution as it would make justice to only be available to rich people who are able to engage legal representation. In the same letter of 25th April 2024, the Complaint Mr Sean Tembo further informed the Lusaka Magistrates Court that he will be compelled to seek judicial review at the High Court of Zambia, should the Magistrates Court insist on not proceeding with his criminal complaint against the Accused Douglas Syakalima.

On Wednesday, 17th May 2024, the Lusaka Magistrates Court proceeded to issue Summons against the Accused Douglas Syakalima for the alleged offense of Hate Speech, contrary to the provisions of section 65 of the Cyber Security and Cyber Crimes Act No. 2 of 2021 of the laws of Zambia, for referring to the people of Luapula Province as “having a poverty of the mind”. On Wednesday, 22nd May 2024, the Complaint Mr Sean Tembo served the Summons on the Accused Douglas Syakalima at the Ministry of Education Headquarters.

The Accused Douglas Syakalima will appear at the Lusaka Magistrates Court on one count of Hate Speech, before Resident Magistrate Sakala at 09hrs on 20th June 2024. In the meantime, the Complaint Mr Sean Tembo is in the process of writing to the Director of Public Prosecutions (DPP) Mr. Gilbert Phiri SC, to seek consent that will allow the Complainant to privately prosecute the case. It is hoped that the DPP will this time around grant the necessary consent, so as to avert public complaints that the offense of Hate Speech is only applied against people of certain regions and not those of other regions of the country.

About two months ago, despite overwhelming evidence presented to him, the DPP refused to give consent to the Complaint Mr Sean Tembo to privately prosecute one Batuke Imenda, the Secretary General of the ruling UPND party, for the offense of Hate Speech, for referring to the Archbishop of Lusaka, His Grace Dr. Alick Banda as “the Lucifer of Zambia”.

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