IMFUMU ITUKWA KU MBALI
By Amb. Emmanuel Mwamba
It comes as occupational hazard for a leader to be subjected to criticism.
Infact severe criticism of the worst kind usually meets anyone who occupies the highest Office of the land- the Office of Republican President.
Imfumu itukwa ku mbali.
We may need to remind ourselves that our past leaders have suffered and endured derogatory names and terms.
Founder President, Kenneth Kaunda was ridiculed for his forehead and was called “Cipuma” or “Fonkofonko” and because of his foreign heritage, he was called, “Mwisa mutulatula fye”(a settler from nowhere who has found home amongst us”).
Second President, Frederick Chiluba was mocked for his height (short stature) and some called him “Kafupi”, “Pygmy” or “Dwarf”.
Levy Patrick Mwanawasa was not spared either as he was frequently called “Cabbage” for his slow and slurred speech as a result of that horrific and almost fatal accident he suffered on Airport road in 1992.
Mwanawasa usually responded to this insulting criticism by saying he was a “Steak” and that insults were mere “Vaseline” a leader is smeared with.
Rupiah Banda was referred to as “Nyama Soya” and Michael Sata was called many names including; “Cimbwi no Plan”.
Edgar Lungu was called many names including; “Jermason( After Jameson Whiskey) or Drunken Master “.
At the height of his satirical writings in a column in The Post, Roy Clark popularized names against Presidents such as Old Munshumfwa (KK), Muwelele (Mwanawasa) and others.
Imfumu itukwa ku mbali.
So the criticism of the President, no matter how severe is inevitable and indispensable.
And therefore I do not understand how the government of President Hakainde Hichilema has taken criticism against him with unnecessary extra sensitivity and has invoked an old draconian law to deal with the criticism.
Further President Hichilema is recently on record using harsh and inappropriate words against citizens calling them; “Clique of Thieves”, “Lunatics”, “Fools”,e t.c.
The investigation and arrest of persons such as Economic and Equity Party (EEP) President, Chilufya Tayali, PF Member of the Central Committee in Charge of Information and Publicity, Hon. Raphael Nakacinda, Patriots for Economic Progress (PEP) President Sean Tembo and others on the charges of Criminal Defamation of the President, is therefore an unwelcome development.
Tayali and Nakacinda join Zambians that have been charged, arrested and tried by the use of this draconian law.
Post journalists Bright Mwape and Fred Mmembe, political leaders; Frank Bwalya, New Labour Party Leader, Fresher Siwale, University of Zambia academic, Dr. Austin Mbozi, Musician Chama Fumba (Pilato), UPP President, Saviour Chishimba and Edward Makayi are among those that have been previously arrested and tried under this draconian law.
Ordinary citizens have not been spared either.
Sadly a medical doctor; Kwalela Kafunya was in 2020, imprisoned for seven years for defaming President Edgar Lungu.
REPEAL CRIMINAL DEFAMATION OF THE PRESIDENT LAW
There is a global movement to decriminalise Defamation.
This law is injurious to fundamental freedoms and rights of; Freedom of Expression, Freedom to hold thoughts and views, and Freedom of the Press guaranteed in the Constitution.
Zambia is a Constitutional Democracy and promotes the supremacy of the Constitution.
Therefore any written or customary law and practice that is inconsistent with the Constitution is deemed illegal and must be repealed.
It is in the same vein that it is held that no Parliament should make laws to abridge or derogate fundamental freedoms and rights.
It is for this reason that human rights activist have consistently called for the repeal of such laws such as; the Public Order Act and Criminal Defamation of the President that go to restrict freedom of expression, Assembly and Freedom to hold views and opinions.
It has been established that authoritarian governments resort to using criminalization of speech to aid the wide suppression of dissent and the expression of dissenting views.
Unfortunately, Zambia remains one of the few democratic states maintaining Criminal Defamation of the President on its statutes.
Section 69 of the Penal Code provides:
“any person who, with intent to bring the President into hatred, ridicule or contempt, publishes any defamatory or insulting matter, whether by writing, print, word of mouth or in any other manner, is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding three years.”
Proponents of this law say the requirement to respect reputations of others especially the President is paramount.
They say the law is anchored on the need to respect the dignity and worth of fellow human beings which must be upheld.
In this regard people are discouraged from engaging in activities either by words or in writing or even by way of signs that tarnish the image of others and actions that tend to lower a person’s reputation in the estimation of right thinking members of society to the extent that such a person is shunned or avoided.
But if this occurred, a civil route exists to seek redress than undertaking criminal proceedings.
But as a democracy, we may have to accept international standards that shy away from criminalizing speech except in rare circumstances such as incitement of ethnic divisions, incitement to riot, hate speech or publication of obscene material or obscenities especially child pornography.
Recently Amnesty International Secretary General Agnès Callamard while visiting President Hichilema at State House, urged him to move with speed to honour his promise on enhancing human rights during his tenure, including repealing oppressive legislation such as the Public Order Act and Criminal Defamation that have been used by successive administrations to curtail human rights and freedom of expression.
There has been a general criticism that Hichilema is scoring very low on human rights record with State apparatus involved in torture of suspects ( Shabby Chilekwa), the arrest of Kenmark Broadcasting Network (KBN) reporter Petty Chanda over the publication and exposing of a recording involving State House Aide and Permanent Secretary at Ministry of Home Affairs planning to undermine the Opposition.
The frequent arrests of political opponents on charges that appear trumped-up, the purge from public offices of persons deemed to belonging to a different political party other than the UPND, has cast Hichilema in bad light as he has reneged on his pledge to promote Democracy, human rights and unity of the country to being accused of quickly fostering a dictatorship rule in Zambia.