HUMAN RIGHTS COMMISSION DISMISSES CLAIMS OF NEGLIGENCE IN “WHY ME” HATE SPEECH CASE

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HUMAN RIGHTS COMMISSION DISMISSES CLAIMS OF NEGLIGENCE IN “WHY ME” HATE SPEECH CASE

The Human Rights Commission- Zambia (HRC) has refuted social media allegations suggesting it has been unresponsive to the case of Francis Kapwepwe, popularly known as “Why Me,” a TikTok personality on trial for alleged hate speech.



In a detailed statement issued by HRC Spokesperson Mweelwa Muleya, the Commission outlined its extensive efforts to uphold Kapwepwe’s rights since his arrest on April 19, 2024, dismissing claims of inaction as baseless.



Support Provided by HRC from the time of Kapwepwe’s detention at Kabwata Police Station, the Commission engaged the Zambia Police Service to secure bond for him, as guaranteed under Article 13 of the Constitution of Zambia. Despite securing police agreement to grant bond, the process was hindered by the failure to provide sureties.


The HRC also intervened with the National Prosecution Authority (NPA) to expedite the case, resulting in Kapwepwe being granted cash bail by the Livingstone Magistrate Court on May 29, 2024. However, attempts to facilitate his bail conditions through his legal counsel were unsuccessful, leading to his remand at the Livingstone Correctional Facility.



Visits to Assess Rights and Welfare. The Commission has consistently visited Kapwepwe in detention to ensure his rights are upheld, including its latest visit on December 31, 2024. According to the HRC, Kapwepwe has not reported or exhibited any human rights violations, and correctional officers confirmed he has been receiving visits from friends and well-wishers during official visiting hours.


HRC advised those visiting Kapwepwe to comply with correctional facility rules, including refraining from bringing cameras or engaging in activities aimed at creating social media publicity.


Trial Update, Kapwepwe is scheduled to appear for his fortnightly mention on January 3, 2025, with a ruling on whether he has a case to answer set for January 10, 2025. The Commission reiterated its commitment to monitoring the case to ensure Kapwepwe’s right to legal protection under Article 18 of the Constitution is upheld.


Appeal for Accuracy the HRC urged stakeholders to verify facts through the Commission or Kapwepwe’s legal counsel to avoid misleading the public with incorrect information.

“The Commission continues to collaborate with institutions in the justice delivery sector to execute its constitutional mandate effectively,” stated Muleya.

3 COMMENTS

  1. Thank you for clearing the air HRC.

    Clearly some people are being mischievous. The detainee has failed to meet bail and bond conditions.

  2. This is the most useless Human Rights Commission in the history of Zambia. We are dealing with a 17 year old teenager who has been in detention for months without police Bond, Bail or Trial..And the useless HRC is telling us that the young man is happy to be in detention because he hasn’t told the commission that his rights have been violated! What kind of nosense is this??
    If the boy has failed to meet bond or bail conditions , let him be taken to court for trial… Period.

    • How about others who have been in the que for over a year waiting for their case to be heard? He should jump the queue because he is a “political” detainee?

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