By Esther Chisola
Lusaka Magistrate George Njobvu has dismissed an application to refer the matter of the two brothers, Ernest and Elijah Kaumba, who were detained over a Tiktok video for allegedly insulting President Hakainde Hichilema to High Court for constitutional interpretation.
The two through their lawyer Makebi Zulu wanted an interpretation on the law of freedom of expression and insulting language to determine as to whether section 179 complies with article 11 paragraph (b) of the constitution.
In this matter, the Kaumba brothers pleaded not guilty to a charge of use of insulting language contrary to the Laws of Zambia.
When the matter came up for ruling, magistrate Njobvu dismissed the application stressing that the defence could raise the issue at the Constitutional Court in another matter.
“I have had a look at the law and I have looked at article 179 and I’m of the view that there is nothing to be interpreted by the High court. My end view is that the defence is at liberty to raise the issue at the Constitutional Court in another matter. I shall continue to hear this matter, the application to refer the matter to the High Court is denied,” ruled the court.
And Zulu has applied for the matter to be transferred to Kalulushi.
“We have an application to make, may this matter be transferred to Kalulushi where the offense was committed. The indictment and the inquiry that was conducted by the arresting officer in this matter, shows that this matter or the offence was allegedly committed in Kalulushi, and as the court should consider the jurisdiction in this matter,” said Zulu.
In response, state advocate Chisomo Sikanyika argued that it was the duty of the court to decide on how to deal with the matter.
“This is the matter that was committed online and hence the effects have been felt everywhere. Concerning the offence where the offence was committed or where the accused was, this is a matter that was committed as per effect, it is the duty of the court to decide which court is vested on how to deal with this matter,” said Sikanyika.
The court has since set December 12, 2024 as the date for ruling on the application.
