DPP APPEALS AGAINST KAMBWILI’S 5-MONTHS SENTENCE
Lusaka-Thursday, 7th December,2023
The Director of Public Prosecutions, Gilbert Phiri SC, has appealed against the sentence given to Patriotic Front Member of the Central Committee, Dr. Chishimba Kambwili.
Kasama Magistrate Senior Resident Magistrate, Samson Mumba, convicted Kambwili and sentenced him to five months imprisonment with hard labour.
Kambwili was convicted for the charge of expressing or showing hatred, ridicule, or contempt for persons because of name or place of origin contrary to Section 70(1) of the Penal Code.
However, Dr. Kambwili has appealed against both the conviction and the sentence.
But the DPP has also filed a cross-appeal demanding that a higher sentence be meted out against Kambwili.
But many stakeholders have condemned the court process and conviction of Kambwili as an act of selective prosecution since persons such as Bumba Malambo and Minister of Education, Douglas Siakalima, who have issued sttong tribal remarks against a people, have not been arrested and arraigned before court.
Below is the Cross Appeal by the DPP, who has stated that he wishes to be present in Kasama when his application against Kambwili’s sentence was being heard.
REPUBLIC OF ZAMBIA NOTICE OF APPEAL AGAINST SENTENCE
(Section 321 – 323)
IN THE HIGH COURT OF ZAMBIA HPA/. ./2023
Name of Appellant: DIRECTOR OF PUBLIC PROSECUTIONS
Whereas CHISHIMBA KAMBWILI was convicted on the 30th day of November, 2023, in the Subordinate Court of the First Class for the KASAMA DISTRICT, A (Case No. 1SW/250/2022 of the offence of EXPRESSING OR SHOWING HATRED, RIDICULE OR CONTEMPT FOR PERSONS BECAUSE OF TRIBE OR PLACE OF ORIGIN CONTRARY TO SECTION 70(1) OF THE PENAL CODE CHAPTER 87 OF THE LAWS OF ZAMBIA.
To the Clerk of the above Court.
I, the above named appellant, hereby give notice that I desire to appeal to the High Court against the sentence of the accused person.
I desire to be present when the Court considers the appeal
Dated at KASAMA this 5th day of DECEMBER 2023.
