THE PEOPLE V SEAN TEMBO
Charge: Use of Insulting Language
Complainant: Mr. Hakainde Hichilema, President of the Republic of Zambia
Honorable Davies Chibwili, Chief Resident Magistrate Presided. Matter Came Up for Continued Cross Examination of PW1, Mr. Clarence Phiri, in Court 3, on 30th October 2024 from 10:hrs to 12:30hrs. Counsel Leon Lemba of Mulungushi Chambers was representing the Accused Person.
Counsel Leon Lemba: What is your current occupation?
PW1: I am a retiree.
Counsel Leon Lemba: You are not doing anything?
PW1: I am. I do translation.
Counsel Leon Lemba: Have you had any formal training in translation?
PW1: Yes. At teacher training.
Counsel Leon Lemba: What is your level of understanding of computers? Would you say Proficient, Average or Below Average?
PW1: Proficient.
Counsel Leon Lemba: What is the make and model of the computer that you used to translate the alleged Facebook post of the Accused person from Nyanja to English?
PW1: Microsoft
Counsel Leon Lemba: If you are a proficient user of computers, then you should know there’s no computer called Microsoft, because Microsoft is just a software, right?
PW1: No. The computer I was using is a Microsoft.
Counsel Leon Lemba: Are you agreeing that there’s no computer called Microsoft?
PW1: The computer I was using was written Microsoft on it.
Counsel Leon Lemba: Are you aware of any translation software?
PW1: No.
Counsel Leon Lemba: Where did you key in the words on the computer, that brought translation that we are looking at?
PW1: I can’t say. I don’t know.
Counsel Leon Lemba: You don’t know where you keyed in on the computer?
PW1: No.
Counsel Leon Lemba: How often have you used this system?
PW1: For so many years.
Counsel Leon Lemba: In fact you told court for the past 34 years?
PW1: Yes.
Counsel Leon Lemba: Isn’t it strange that you have been using this software for 34 years and yet you don’t know what the name of this software is?
PW1: It’s not strange.
Counsel Leon Lemba: Are you aware if the Ministry of Education has employed translators who are using those computers now?
PW1: No. I am not aware.
Counsel Leon Lemba: Mr Phiri, you are retired. Is there any specific reason you were singled out to do translation for this matter?
PW1: Yes.
Counsel Leon Lemba: Why?
PW1: Because my work has been good.
Counsel Leon Lemba: And that alleged good work includes the work you did on this translation before Court, correct?
PW1: Correct.
Counsel Leon Lemba: You will confirm to court that throughout the translation of the script you were given, you only interacted with the computer doing the translation and that the entire translation is based on what the computer produced?
PW1: Yes.
Counsel Leon Lemba: Your report which is before this Court says according to public perception. Whose perception is that?
PW1: The Zambians.
Counsel Leon Lemba: At what point did you do a national survey to get the opinion of the general public considering that you only interacted with the computer?
PW1: I got it from the computer.
Counsel Leon Lemba: After keying in that “Bally apa akangiwa kuipa”, it told you that the public perception was this?
PW1: Yes.
Counsel Leon Lemba: When you keyed in the words into the translation software, it also gave you a public opinion in addition to the translation?
PW1: Yes.
Counsel Leon Lemba: It is also in your report that the translation software told you that voting for another person in 2026 other than Bally, it would create division in Zambia?
PW1: Yes.
Counsel Leon Lemba: Can you tell Court what happens when you key in words?
PW1: It gives you what you have asked for. When you you key in it will give you the translation as well as the interpretation.
Counsel Leon Lemba: When you key in the word Bally, what comes up?
PW1: That will mean a lot of things. That word has got so many meanings.
Counsel Leon Lemba: Do you know the meanings?
PW1: No.
Counsel Leon Lemba: Basically, your translation is based on how the computer program is programmed?
PW1: Correct.
Counsel Leon Lemba: So if a word has six seven meanings, the way the word Bally does, according to you, then how did you conclude that Bally was referring to President Hakainde Hichilema?
PW1: I used the computer
Counsel Leon Lemba: What is the name of the current President?
PW1: HH. Hakainde Hichilema.
Counsel Leon Lemba: Are you aware former President FTJ was known as Bally?
PW1: I don’t know.
Counsel Leon Lemba: Are you aware that Bally is a word that children can use to refer to their father or any elderly person?
PW1: I don’t know.
Counsel Leon Lemba: So, because of the numerous meanings that can be attributed to it, you have to conclude by way of assumption that they are referring to this person, right?
PW1: Not really.
Counsel Leon Lemba: What are you going to use if it’s not an assumption?
PW1: It’s the evidence that was produced in the computer. Since we know that in 2026 we’ll have elections and the author Mr. Sean Tembo is a presidential candidate and we can conclude that he refered to the President Hakainde Hichilema.
Counsel Leon Lemba: Read the first text you were given to translate? Bally apa akangiwa kuipa. What is the translation?
PW1: Here, Bally has failed lamentably.
Counsel: Read the next.
PW1: But in 2026, ngati bantu bafuna kuvotela chipuba chinangu, it’s okay. It’s fine, SET can wait until 2031.
Counsel Leon Lemba: Let’s interrogate the name SET? Those are acronyms?
PW1: Yea.
Counsel Leon Lemba: What do they mean?
PW1: I don’t know.
Counsel Leon Lemba: What did the computer tell you?
PW1: It brought the same name SET. It’s the name of a person.
Is that what the computer said?
PW1: Yes. That’s what it did.
Counsel Leon Lemba: Where is the computer generated report where you copied your report from?
PW1: At the Ministry, curriculum development center.
Counsel Leon Lemba: For you to copy from the computer generated report and produce your report which you have presented before this court, it means the computer generated report was in possession at one point?
PW1: Yes.
Counsel Leon Lemba: At what time did you leave it with the Ministry?
PW1: At around September 10, 2023.
Counsel Leon Lemba: That computer generated translation in it original form, were you able to print it?
PW1: No
Counsel Leon Lemba: Why didn’t you print it and bring it to court?
PW1: I was following orders from my boss.
Counsel Leon Lemba: Who?
PW1: The Permanent Secretary.
Counsel Leon Lemba: What’s their name?
PW1: I don’t know.
Counsel Leon Lemba: What were the specific orders?
PW1: Translate and interpret from the computer.
Counsel Leon Lemba: The PS did not tell you not to print the original?
PW1: No.
Counsel Leon Lemba: There is the original computer generated translation there. Why didn’t you print the original text and bring it to court?
PW1: I don’t know
Counsel Leon Lemba: Which statement was interpreted for you to have come up with the response in your report that saying “Bally has failed lamentably” has potential to divide the country?
PW1: Bally apa akangiwa kuipa …
Counsel Leon Lemba: Which word translates to dividing the country?
PW1: The whole sentence.
Counsel Leon Lemba: Which word talks about potential there?
PW1: Kuvotela chipuba chinangu.
Counsel Leon Lemba: Which words there means potential?
PW1: There’s no word there.
Counsel Leon Lemba: Which word translates into dividing the country?
PW1: It’s a phrase here.
Counsel Leon Lemba: Is there a specific word in the original text that refers to potential?
PW1: Yes. Chipuba chinangu.
Counsel Leon Lemba: What does the word chipuba mean?
PW1: Fool.
Counsel Leon Lemba: Chinangu?
PW1: Another fool.
Counsel Leon Lemba: Another can mean potential?
PW1: Yes.
Counsel Leon Lemba: Which words mean dividing?
PW1: Kuvotela chipuba chinangu.
Counsel Leon Lemba: What does kuvotela mean?
PW1: To cast a vote.
Counsel Leon Lemba: Do you know the charges the accused is facing?
PW1: I don’t know.
Counsel Leon Lemba: It’s use of insulting language?
PW1: Okay.
Counsel Leon Lemba: What is your response or reaction to the words you translated?
PW1: I was performing government duties as per my request from my boss.
Counsel Leon Lemba: (hands PW1 two excerpt print outs, one from the defunct Post Newspaper and another from Lusaka Times) Can you read what the headline says?
PW1: Scott, the stupid white man – HH
Counsel Leon Lemba: and the second print out?
PW1: Sata is chimbwi no plan – HH.
Counsel Leon Lemba: Read the first paragraph?
PW1: UPND leader Hakainde Hichilema yesterday likened President Micheal Sata to a hyena without a plan.
Counsel Leon Lemba: Your evidence is that by President Hakainde Hichilema calling Scott the most stupid white man is an insult?
PW1: Yes.
Counsel Leon Lemba: And likening Sata to a hyena?
PW1: It’s also an insult.
Counsel Leon Lemba: Do you agree with me that these are political statements?
PW1: Yes they are.
Counsel Leon Lemba: Even your findings that members of the public will be divided was in the instruction from the PS at Ministry of Education, correct?
PW1: Is it there, I don’t know. I don’t see it.
Counsel Leon Lemba: When you were given this statement to translate, did you ever go to Mr. Sean Tembo’s Facebook page to read the alleged statement yourself?
PW1: No
Counsel Leon Lemba: It follows that you don’t know if those things were published by Mr Tembo?
PW1: I don’t know.
Counsel Leon Lemba: In fact, those words are not on his Facebook page. What’s your comment?
PW1: I don’t know anything.
Counsel Leon Lemba: Witness, are you a firm believer in democracy?
PW1: Yes, I am.
Counsel Leon Lemba: You are aware Zambia is a Constitutional democracy?
PW1: Yes.
Counsel Leon Lemba: And because of that, opposition political parties are allowed to exist?
PW1: Yes they are.
Counsel Leon Lemba: And they are allowed to point out failures of the government?
PW1: Correct.
Counsel Leon Lemba: And in that spirit, you are aware that the current president on numerous occasions was allowed to call out Mwanawasa, Micheal Sata and Edgar LUNGU on their failures?
PW1: True, correct.
Counsel Leon Lemba: (On the two articles) Are you able to distinguish whether the language is insulting or disrespectful?
PW1: Yes, I am.
Counsel Leon Lemba: You are also aware that insulting language is criminalized whereas insulting language is not?
PW1: Correct
Counsel Leon Lemba: What is the difference between disrespectful language and insulting language?
PW1: Disrespectful language is language with no respect. Insulting language is a language that is a bit stronger and May anger someone.
Counsel Leon Lemba: Can an insulting statement be disrespectful?
PW1: Yes.
Counsel Leon Lemba: Can a disrespectful statement be insulting?
PW1: Yes.
Matter adjourned to December 9 and 10, 2024, for continued trial. Sourced from Mbili Media