THE PEOPLE Vs BATUKE IMENDA – UPDATE
The matter in which the Party President for the Patriots for Economic Progress (PeP) Mr. Sean Tembo filed a criminal complaint against the ruling UPND Secretary General Mr. Batuke Imenda, for referring to Archbishop of Lusaka His Grace Dr. Alick Banda as “Lucifer of Zambia” came up this morning before Hon. Chanda at the Lusaka Magistrates Court.
The Complainant informed the Court that he had written to the Director of Public Prosecutions (DPP) Mr. Gilbert Phiri – SC on 15th January 2024, to seek permission to undertake a private prosecution of the matter. On 17th January 2024, the DPP responded to his request and stated that he had not seen any evidence showing that the Accused Batuke Imenda had used a Computer System when he committed the alleged offence. On 22nd January 2024, the Complainant wrote back to the DPP and also enclosed a Flash Drive with video evidence clearly showing that the Accused Batuke Imenda indeed used a Computer System when he committed the alleged offense of Hate Speech.
The Complainant also informed the DPP that he had lined up four witnesses who are ready to testify in Court that the Accused Batuke Imenda indeed used a Computer System when he committed the alleged offense of Hate Speech against the Archbishop of Lusaka. The Complainant then applied to the Court to adjourn the matter to another day so as to give chance to the DPP to decide on whether he is going to give consent, in view of the fact that the Complainant had addressed his concern regarding evidentially proof that the Accused Batuke Imenda indeed used a Computer System when he committed the alleged offense, as required by Section 65 of the Cyber Security and Cyber Crimes Act No.2 of 2021 of the Laws of Zambia.
The Court then adjourned the matter to 8th February 2024. The Accused Batuke Imenda was before Court and in the dock. He was represented by Counsel Larry Njungu of Mutemwa Chambers. The Complainant, Mr. Sean Tembo represented himself.