Mwamba needed Police Permit to Post on his Facebook Page-Witness
Verbatim; Cross Examination.
Amb. Emmanuel Mwamba appears before Lusaka Magistrate, Hon. Chrispin Hampungani, a case of Sedition, an offence which was allegedly Contrary to Section 57(1) (b) as read with Section 60 (1) (a) (b) (d) (I) of the Penal Code Act Chapter 87 of the laws of Zambia.
Cross Examination;
Makebi Zulu- Goodmorning Mr. Victor Mateyo and how is Kapiri Mposhi?
Mateyo- I’m well and Kapiri Mposhi is well.
Makebi Zulu- you did mention that officers from Zambia Police service headquarters came to ask about Mr. Emmanuel Mwamba.
Mateyo; Yes, they were Mr. John Mbewe and Detective Siame.
Makebi Zulu- You told the Court that you were asked to establish if Mr. Mwamba had applied for a per.it to hold a meeting or procession? Did Mr. Mwamba hold a procession?
Victor Mateyo- He didn’t hold any meeting to my knowledge.
Makebi Zulu- did Mr. Mwamba hold a procession?
Victor Mateyo- mmm..
Makebi Zulu- What is a meeting?
Victor Mateyo- a gathering of more than one person.
Makebi Zulu- did Mr. Mwamba hold any gathering of more than one person?
Mateyo- yes he held a meeting. He held a gathering on Facebook.
Makebi Zulu- Mr. Mwamba posted words on Facebook. Was Mr. Mwamba supposed to seek police permission to post on Facebook?
Victor Mateyo- Yes according to Section 5 of the Public Order Act required that Mr. Mwamba obtains permission.
Makebi Zulu- What name do you use on Facebook?
Mateyo- my full names, Victor Mateyo.
Makebi Zulu- Dp you have your phone? Kindly go to your facebook page. Are those your beautiful children on your facebook profile.
Victor Mateyo- Yes
Malebi Zulu- and that’s you? And by the way, you look great.
Mateyo- Yes, thank you.
Makebi Zulu- Do you post on Facebook?
Mateyo- Yes. I last posted about my wife’s birthday.
Makebi Zulu- So was that a meeting?
Victor Mateyo- no, it was personal, I was congratulating my wife on her birthday.
Makebi Zulu – Did you receive facebook likes and comments?
Mateyo- Yes, many.
Makebi Zulu- Did you seek police permission for your facebook posting?
Victor Mateyo- No.
Makebi Zulu- So why did Mr. Mwamba need permission from the Police to post on his page?
Victor Mateyo- because he called for the general public to assemble or gather. He therefore assembled members of the public and held a meeting on his Facebook Page.
Makebi Zulu- Is there anything wrong with a protest?
Victor Mateyo- no, there is nothing wrong.
Makebi Zulu- what is a protest?
Victor Mateyo- a gathering of a group of people protesting about something.
Makebi Zulu- where was Mr. Emmanuel Mwamba protesting?
Mateyo- he made a post on Facebook. He was on Facebook and it was the public place.
Makebi Zulu- who policed the event? Who were the Speakers at his Facebook posting or meeting?
Mateyo- he was alone. It was a Facebook posting.
Victor Makebi Zulu- Was there anything wrong with Mr. Mwamba’s posting?
Victor Mateyo- he was calling for mass action and national-wide shut down.
Makebi Zulu- what law was offended by those words?
Victor Mateyo- the Public Order Act, Section 5.
Makebi Zulu- is calling for a mass protest actually holding a mass protest? Calling for a mass protest is NOT a mass protest? Calling for a national wide shutdown is not holding a national shutdown?
Mateyo- Yes there is nothing wrong with calling for a meeting or protest. It is not illegal.
Makebi Zulu- Is there a law that stops me from calling for a meeting?.
Mateyo- no, not to my knowledge.
Makebi Zulu- No further questions your honour.
Prosecutor- We will seek for an adjournment Your honour.
Matter adjourned to 10th October 2024 for continued trial.