Stop Misleading Zambians,  Nakacinda’s Crime Was Committed Before the Law Was Repealed

Stop Misleading Zambians,  Nakacinda’s Crime Was Committed Before the Law Was Repealed

By Tobbius Chilembo Hamunkoyo-LLB

Ambassador Emmanuel Mwamba’s recent statement demanding the release of Raphael Nakacinda is not only legally flawed but a deliberate attempt to mislead the Zambian public. Mwamba claims that Nakacinda was wrongly convicted because the offence of defamation of the President was repealed in 2022.It is also a notorious fact that Mwamba has admitted that actually Nakachinda committed a crime. What Mwamba deliberately ignores or perhaps hopes Zambians have forgotten, is that Nakacinda’s alleged defamatory remarks were made in December 2021, when the law was still in full force. Zambians are wiser now; these old tricks of twisting facts for political sympathy no longer work.

The Penal Code Amendment Act No. 23 of 2022, which repealed Section 69 of the Penal Code Cap. 87, was only assented to by President Hakainde Hichilema on 23rd December 2022. That repeal did not have retroactive effect. Section 15 of the Interpretation and General Provisions Act, Cap. 2 of the Laws of Zambia is very clear that any liability or offence committed before the repeal of a law remains prosecutable. Therefore, since Nakacinda’s offensive remarks were uttered while Section 69 was still part of the Penal Code, his prosecution and conviction were entirely lawful. To claim otherwise is to misrepresent basic principles of law and to insult the intelligence of the Judiciary and Zambian people at Large.

The court record shows that Nakacinda publicly accused President Hichilema of summoning and coercing judges at his private residence to influence court outcomes, a grave and baseless claim. These statements were made when the offence of defamation of the President still existed, and they sought to undermine both the Head of State and the Judiciary, cornerstones of the constitutional order. Therefore, it is not the Judiciary that is “captured” as Mwamba claims, but rather certain political figures who are captured by their own desire to weaponize falsehoods for political mileage.

Ambassador Mwamba must be reminded that Zambia operates under the rule of law, not the rule of propaganda. The principle that “the law in force at the time of the offence governs the case” is not a matter of debate , it is a settled doctrine recognized even under Article 18(8) of the Constitution of Zambia. His continued attempts to politicize legitimate court judgments only expose the PF’s desperation to remain relevant by fabricating persecution narratives and this will not work. Zambians can clearly see through these diversionary tactics meant to discredit the Judiciary and the President.

Moreover, Mwamba’s attack on the Judiciary is reckless and dangerous. He must know that the courts have an obligation to apply the law as it stood when the offence occurred, not as it stands today. Pretending otherwise is pure deceit.

By dragging the names of judicial officers and the President into his political mudslinging, Mwamba only demonstrates contempt for democratic governance and for the intelligence of Zambians. The country has moved forward, embracing transparency, reform, and lawful governance, not propaganda rooted in falsehood.

In conclusion, Ambassador Mwamba should stop misleading the nation. The defamation law was repealed after the offence was committed, meaning the conviction was proper and lawful. Zambians understand his tactics, stirring public outrage to gain political attention, but those days are over. The people now demand truth, lawfulness, and respect for institutions. No amount of misinformation will reverse legal reality. Zambia is governed by facts and law, not by the emotional outbursts of bitter politicians.