MY FINDINGS DO NOT STATE THAT EMMANUEL MWAMBA COMMITTED ANY OFFENCE-WITNESS
Lusaka- 10th October 2024
A witness in the case where Patriotic Front Chairperson of Information and Publicity, Emmanuel Mwamba is charged with sedition has testified that his final report did not find or establish that the accused had not committed any offence.
Appearing before Lusaka Magistrate Hon.Chrispin Hampungani, Michael Lishebo, a detective inspector and cyber security expert from the Zambia Police testified that he only identified the Facebook account where a posting about national shut-down and mass protests was posted as belonging to Emmanuel Mwamba.
VERBATIM
Matters Before Magistrate Hon. Chrispin Hampungani
Emmanuel Mwamba stands charged with one count of the offence of seditious practices contrary to section 57(1)(c) of the Penal Code Chapter 87 of the Laws of Zambia.
Witness: Michael Liishebo, aged 45, of Libala police officer. Number 13671, with a rank of Detective Chief Inspector.
CROSS EXAMINATION
Makebi Zulu- Thank Your Honour. Witness, look at the last paragraph of your Report. Kindly read it.
Lishebo- The Facebook account belongs to Mr. Emmanuel Mwamba. It has his image and carries political content and has carried live coverage.
Makebi Zulu- so in your report, you are saying the Facebook Page carries political content?
Lishebo-Yes it does.
Makebi Zulu- how many counts is the accused facing before this court?
Lishebo- he is facing one account.
Makebi Zulu- is there any count or charge for the 5th November, 2023?
Lishebo- no sir.
Makebi Zulu- you read a dample of comments on the page. Who chose the comments?
Lishebo- I have submitted. I have also showed the number of comments.
Makebi Zulu- Who chose the comments? For example, did you pick a comment from Mr. Jackson Silavwe? Or those which praised the posting?
Lishebo- I cant answer that. Ive already answered.
Majebi Zulu- You shall answer the question. Who chose the comments?
Lishebo- I chose randomly.
Makebi Zulu- Randomly? There are numerous positive remarks. Why didnt you any of them?
Makebi Zulu- Witness, what is a National Shutdown?
Lishebo- I don’t know. I’m not an expert in that area.
Makebi Zulu- Mr. Lishebo, what is a protest?
Lishebo- A protest is a form of expression airing ones grievances.
Makebi Zulu- is a protest illegal in Zambia?
Lishebo- no it is not.
Makebi Zulu- did the posting call for violence?
Lishebo- It called for protest and national shut-down.
Makebi Zulu- I repeat, did the posting call for violence?
Lishebo- Violence would be a resultant effect of a protest.
Makebi Zulu- In the statement, show us what denotes violence?
Lishebo- the entire statment.
Makebi Zulu- does the entire statment denote violence?
Lishebo- I said violence is a resultant effect of an action.
Makebi Zulu- Witness, does the statement denote violence? I have asked.
Makebi Zulu- What is democracy?
Lishebo – in my understanding, Democracy is the rule of the people by the people for the people.
Makebi Zulu- What is constitutionalism?
Lishebo- sticking by the Constitution.
Makebi Zulu- In this posting Emmanuel Mwamba is saying let’s stick to the Constitution, let us protect our Democracy. Is that unlawful?
Lishebo- No it is not.
Makebi Zulu- Does our Constitution guarantee freedom of expression?
Lishebo- Yes it does. But that expression must he lawful.
Makebi Zulu- does the statement posted by Emmanuel Mwamba show illegality. Does it say let’s engage in unlawful action?
Lishebo-It may be lawful or unlawful. His statement may be interpreted in both ways.
Makebi Zulu-Witness, does tje statement say “let’s engage in unlaful acts?”
Lushebo- it doesn’t say so.
Makebi Zulu- does calling for respect or upholding of constitionalism amount to an unlawful act?
Lishebo-no.
Makebi Zulu- does the Facebook post talk of damaging cars?
Lishebo- It could be a resultant effect.
Malebi Zulu- Shows us where he says: “let us engage in illegal things, let’s damage cars, let us damage property?”
Lishebo- the statement is open ended.
Makebi Zulu- Mr. Lishebo, who makes up the mind that this matter is unalwful?
Lishebo- the arresting officer.
Makebi Zulu- In his posting, he said Family, let us….. Are you part of the family?
Lishebo- Yes as a Zambian.
Makebi Zulu- Are you a member of his family? Are you a member if the Patriotic Front?
Lishebo- no I’m NOT!
Makebi Zulu- Your entire Report merely confirms that the posting was done by Emmanuel Mwamba. YOUR REPORT DOESNT say what Emmanuel Mwamba did was illegal. Does your report confirm Emmanuel Mwamba committed an offence?
Lishebo- I cannot answer the question. My role was to analyse the resource and compile a report.
Makebi Zulu- Witness, does your report say Mr. Emmanuel Mwamba committed an offence?
Lishebo- It’s open ended.
Makebi Zulu- Witness, does it say Emmanuel Mwamba committed an offence?
Lishebo -No, it doesnt.
Makebi Zulu- No further questions Your Honour.
Court officials consult with Hon. Magistrate.
Matters adjourned for 14th November,2024 for mention, 10th December, 2024 for mention and 15th January, 2025 for continued trial.