KALULUSHI BROTHERS APPEAR IN COURT OVER ALLEGED INSULTS AGAINST PRESIDENT HICHILEMA
Two youths from Kalulushi, Copperbelt, Ernest Kaumba, 22, and his elder brother Elijah Kaumba, 26, finally appeared in court yesterday, over a month after their arrest for allegedly insulting President Hakainde Hichilema online.
The brothers appeared before the Lusaka Magistrate’s Court for plea, where they denied the charges. Allegations are that between August 1 and September 30 this year, through social media, the two Kaumbas used insulting language against Mr. Hichilema.
In the alleged insulting words, most of which are unpublishable, the accused also asked the President to resign, accusing him of having failed to govern.
After the charges were read out, the two youths pleaded not guilty before their lawyer, Makebi Zulu, raised issues over his client’s continued prolonged detention without police bond.
“From the date of arrest to this day, it’s about 61 days. They are being held in custody for a misdemeanor. The matter has delayed to be brought before court. They have the right to be brought to court promptly within 24 hours after an arrest,” the lawyer said.
State prosecutor Mutolo Sikanyika said the arresting officer was available to respond to assertions that police denied the accused persons bond.
Joseph Kapasa, a detective inspector at headquarters, informed Magistrate George Njobvu that the accused were never denied bond.
“They never applied for bond. There was an indication they did not have relatives to sign for them. I had asked if they wanted to be released on police bond,” Mr. Kapasa said.
Asked when he apprehended the duo, Mr. Kapasa said October 3, 2024, from Kalulushi.
“And you said you are stationed at police headquarters in Lusaka?” Mr. Makebi asked the officer, who replied affirmatively.
Asked if he traveled all the way from Lusaka to Kalulushi to arrest the accused, Mr. Kapasa said, “Yes.”
“Do you have police stations or police posts in Kalulushi?” Mr. Makebi asked the officer, who said yes.
Asked why he never communicated to police in Kalulushi to apprehend the accused, Mr. Kapasa said it was because the matter was reported from police headquarters in Lusaka by a Mr. Bill Kapinga.
Another defense lawyer, Jonas Zimba, asked Mr. Kapasa whether he had made it difficult for the accused to meet bond conditions since they were brought to Lusaka, where they do not have relatives.
In response, the police officer said no.
The defense then applied for bail pending trial, which the court granted in the sum of K5,000 with two credible sureties.
Mr. Zulu then applied that the matter be referred to the High Court for determination of constitutional issues bordering on freedom of expression.
“What is insulting language? No one can determine what provokes another person. Language is used for expressing oneself,” the lawyer submitted.
But Ms. Sikanyika urged the court to dismiss the frivolous application.