STATE ENTERS NOLLE IN NAKACINDA DEFAMATION OF THE PRESIDENT CASE.
Lusaka – Friday, 5 May 2023 (Smart Eagles)
LUSAKA Magistrate , Idah Phiri has discharged Patrotic Front ( PF)
Chairperson for Information and Publicity , Rapheal Nakacinda of a charge of defamation of the President after the State entered a nolle prosequi.
Nakacinda has , however, taken fresh plea in a matter he is charged with expressing words of contempt or Ridicule to persons
because of race, location and color and denied the charge .
Nakacinda, 44, of Kafue in Lusaka district told Lusaka magistrate, Idah Phiri that he understood the charge but he was not guilty.
This is a matter in which Nakacinda was initially charged with two counts of defamation of the President and expressing words of contempt or ridicule to persons because of race, location and color.
He was alleged to have uttered tribal and derogatory remarks against President Hakainde Hichilema and the Tonga people during a live programme on Hot FM in Lusaka.
When the matter came up , State prosecutor, Micheal Nyundwe told the court that the case was coming up for plea but before Nakacinda could take plea, the State had an application to make.
Mr Nyundwe said that the application was in relation to withdrawing of the first count against Nakacinda so that he could remain with the second charge bordering on the charge of expressing hatred .
He said that the application was based on Section 88 (a) of the Criminal Procedure Code ( CPC) and urged the court to discharge Nakacinda of the first charge.
Ms Phiri informed Nakacinda that he was discharged of the charge of defamation of the President following the decision of the prosecution to enter nolle prosequi in his favour .
The court then proceeded to read out the remaining count of expressing hatred to which Nakacinda pleaded not guilty.
Nakacinda is alleged to have uttered words in local language translated as “You know what you did you Zambians is very bad, you went to pick the worst and complete ignorant of a Tonga from Bweengwa and then went to dump him in state House, expressing or showing hatred, ridicule or contempt against a group of persons namely the Tonga Speaking People of Bweengwa area of the Southern Province of the Republic of Zambia, because of their place of origin and tribe.
Mr Phiri adjourned the case to June 22, 2023 for possible commencement of trial.
He was represented by Francis Daka from Makebi, Zulu Associates .