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.
Nice , what is the minimum sentence in a case like this?
Ulimu chibe…
I was equally dissatisfied with 5 months. The man should go in for minimum 3 years. As for Bumba and Syakalima those are twisted narratives by those symphathing with CK seeking scapegoats. Bumba never showed hatred against any tribe, she simply promoted her own tribe while I also do not agree with what she said, no hate speech here. Syakalima is a victim of tribal hatred himself. What Syakalima said was out of social counsel, him being the Minister. If there was any mistake at all it was a mention of Luapula, though that was the subject itself. Naturally people hate to be criticised, a weakness intself.
DPP has done well. CK has to be given 5yrs+++.
Just give him suspended sentence for five years depending on if he ever talks politics?
But nowhere in the DPP’s submission does he state that he wants a longer sentence handed! And which stakeholders have bemoaned the “selective” conviction? If you bothered to check, almost all comments following his sentence urged a longer sentence than five months.
Let him do the five months with hard labour alimeko cabbage. Leave siakalima he never showed hatred towards anyone he was opening their minds but since they they have poverty mentality they took offense.
I agree with DPP. I was shocked at the short sentence given to Kambwili. I expected a stiffer sentence. Kambwili has been the definition and champion of tribalism. Hon. Siakalima never insukted ir used ant hate speech but its clear that education is definately lacking kuli ba mbuya banga a bemba. How did the entire bemba misinterpret or misunderstood what Hon. Siakalima said? Its like someone saying 5 people can sit in this chair without problem; my bemba cousins will understand this to mean 5 people that have no problems can sit in that seat people. My cousins should encourage one another and their children to return to the classroom abd learn chizungu
This Upnd-ead government will cry once out power. Kambwili has committed no offence. God is very annoyed with this Upnd government hence no rain this year and people are already starving. Our annoyed God of Abraham will help kick out this Upnd-ead government very soon. Nothing goes on forever on earth, even life does not go on forever. But Hichilema thinks he can mistreat Zambians forever. God of Abraham and Moses have said no. Look at people like Nevers Mumba, he just showed selfishness once under Levy Mwanawasa and Zambians now look down upon him. So this selfishness by Hichilema and Sampa, means the end of their political careers! Watch the space.
Am sure this God you are talking about is a Human god