RELEASE NAKACINDA…jailing Nakacinda two years after the defamation of the President was repealed is ridiculous and a legal farce –  MWAMBA

11

RELEASE NAKACINDA –  MWAMBA

…jailing Nakacinda two years after the defamation of the President was repealed is ridiculous and a legal farce…

…Human rights reports have expressed concern that Zambia had descended into a tyrannical government where critical institutions such as Parliament, Judiciary and democratic institutions are being tightly controlled by President Hakainde Hichilema….



Sunday,26th October, 2025

The incarceration of Patriotic Front party and Tonse Alliance  Secretary General, Raphael Nakacinda on a charge of Criminal Defamation of the President is outrageous.



Nakacinda must immediately be released as his first conviction occurred two years after the law was repealed. We had hoped that a higher court would see the absurdity and reject the false conviction and acquit him.



Further, Nakacinda’s fears expressed in which the case was based on, that the Judiciary was under the direct control of President Hakainde Hichilema, and using the institution to punish his political opponents and critics, is now proven, foregone conclusion and now an established fact.



BRIEF BACKGROUND

Lusaka Magistrate Ireen Wishimanga sentenced Raphael Nakacinda to 18 months in prison on May 17, 2024, after finding him guilty of allegedly defaming President Hakainde Hichilema



Nakacinda appealed against this sentence, but on October 21, 2025, Lusaka High Court Judge Anne Mary Kachenga Malata Ononuju upheld the conviction.



In her ruling, Magistrate Wishimanga concluded that Nakacinda had defamed President Hakainde Hichilema through statements claiming the president was meeting and coercing judges at his residence to.punish political opponents.

This conviction was based on a repealed on the law, the criminal defamation of the president.


President Hakainde Hichilema signed the Penal Code (Amendment) Bill into law on December 23, 2022.

Further both the Magistrate and High Court Judge claimed that the offense Nakacinda committed was so serious because he had attacked the integrity of the judiciary.



The happenings and rot occuring around the Judiciary makes it assailable and vulnerable to criticism and open attacks.

Infact Nakacinda demonstrated in his defence in court through his witnesses, that both President Hichilema, his Special Assistant for Politics, Levy Ngoma and Justice Minister Mulambo Haimbe (at the time) had made remarks boasting about their role in controlling and manipulating the Judiciary.



The other justification by the court was that although the case could be pursued as a civil defamation case, Nakacinda could not be pursued through this process as President Hichilema, as Republican President, is protected from civil and criminal proceedings and could therefore not sue Nakacinda for the alleged defamatory remarks.



PRESIDENT HICHILEMA AND THE JUDICIARY

International human rights reports have expressed deep concerns that Zambia had fallen into a dictatorship with President Hichilema  becoming tyrannical leader exerting control on Parliament, the Judiciary and had effected a chokehold on democratic institutions such as the Electoral Commission of Zambia (ECZ) Zambia Police and Registrar of Societies.



President Hichilema has such strong control of the Judiciary that all his wishes such as the creation of an Economic and Financial Crimes Court targeting his political opponents with a five-months to wind up affairs has been created just as he is decreed, and cases such as that of the theft of the Patriotic Front party have been actively facilitated and enabled by the Judiciary, a matter and indisputable fact  that the Church mother bodies, Law Association of Zambia (LAZ) and CSO have bemoaned.



President Hichilema’s public utterances demanding stricter pursuit and convictions for his political opponents (such as Bowman Lusambo, Francis Muchemwa and Joseph Malanji) and on the recovery of allegedly stolen assets have been made in contempt to court proceedings and are blatant disrespect to fundamental rights such as the right to innocence and to due process.



Therefore, the utterance made by Nakacinda to which he has been sent to hail, fit perfectly in what is common knowledge that President Hichilema has degenerated into a tyrant punishing political opponents and critics by abusing the law, abusing instutions such as Law Enforcement Agencies, State Chambers and the Judiciary.



He must be released immediately.

Amb. Emmanuel Mwamba
Chairperson of Information and Publicity
Member of the Central Committee
PATRIOTIC FRONT

11 COMMENTS

  1. He is a very vengeful and bitter person. We saw how mama Edith Nawakwi was incarcerated for a whole week while critically ill, and denied her cancer medication. Then they stopped her from going to India for life saving treatment. While in a coma at UTH, they shifted court sessions to her bed side. We saw how he stopped ECL from going to RSA for cancer treatment. He says he is an elder, but behaves like a Freemason. HE HAS BLOOD ON HIS HANDS.

    REJECT TRIBALISM, CORRUPTION AND OPPRESSION.

    VOTE FOR CHANGE IN 2026.

  2. Career kiliminoz and fugitives supporting each each. No surprises there.

    It will not go anywhere.

    The law is the law.

    Get in line or go to prison.

  3. Mr. Emmanuel Mwamba, please spare us your ignorance. As you have rightly conceded, Nakachinda did commit an offence. What you are missing is that, the law had not yet been repealed when he committed the offence. And since law does not operate in reptrospect, he was properly indicted, tried by Courts of law and sentenced and jailed. Stop misleading people with your ignorance of the law.

  4. Raphael Nakacinda is always within his rights to take on HH politically as an opposition politician but why did he draw the Judiciary into his anti-HH politics? How was the Judiciary supposed to deal with the lie against it?

  5. The best is to avoid dangerous politics, Zesco always advises “treat all electrical wires as live at all times even when the power is off.” Doing wrong things while you are depending on interpretation of law is not a good thing.Twice the court found the man offside.

  6. What would PF do in this situation…. likely you would have been killed.
    The law is the law and if you think you are above it then see you in jail

  7. I have my own opinion about the status of the Judiciary in Hakainde’s Zambia.And my opinion of this Institution is not good. That’s why it will be on my Ballot when we go for Elections next year. Mumba Malila’s Judiciary should go next year, as well as Nellie Mutti’s Parliament and Hakainde”s Executive Misrule.This is what I will be voting on…
    And there were some prayers seeking God’s divine intervention to redeem this Institution during the day of Prayer Fasting and Reconciliation..One only seeks divine intervention after seeing that our human abilities are inadequate to resolve the problems.
    At the stage the Judiciary is in, it would certainly be immoral to send some one to prison who complains about what has become of this Institution. Sending Raphael Nakachinda to Prison is immoral.
    Evil shouldn’t get worked up when it’s told it’s evil.
    Indeed Lucifer shouldn’t get upset when told he or she is a Devil… That’s who he or she is.
    When you are told that you are naked, and indeed you are naked, and you even know that you are naked, cover your self , and don’t cage the one who sees your nudity.

    There are many who think like what Raphael Nakachinda believes , but can’t say it in public.
    And Woe to those who claim they are Clean, when they are not..Hell has been created for such .
    Thank you.

  8. Simple things are simple. Failing to prove what you claim to be the truth is lying, perjury, and you can go to prison for perjury

  9. Umulandu tautola, some WW2 criminals and those who incited Rwanda genocide are still being wanted and are being arrested when and wherever they are found. So the lapse of time cannot free anyone, you just have to pay for your crime. And to repeal the law is not a passport to abuse it because you end up regretting your words and actions. Nakachinda is one of the most careless political talker in this country, it’s like that is what he wanted, he wants to make himself a hero out of careless talking and cheap politics. You always reap what you saw.

LEAVE A REPLY

Please enter your comment!
Please enter your name here