Cart is empty Lusaka Magistrate Idah Phiri has discharged Patriotic Front (PF) chairperson for information and publicity, Raphael Nakacinda in a case he was accused of defaming President Hakainde Hichilema.
Meanwhile, Nakacinda has pleaded not guilty to expressing or showing hatred, ridicule or contempt for persons because of tribe, place of origin or color contrary to Section 70 of the Penal Code Chapter 87 of the Laws of Zambia.
In this matter, Nakacinda aged 44 of farm number 1794, of Kafue is charged with two counts of defaming President Hichilema contrary to section 69 of the penal code chapter 87 of the laws of Zambia and expressing or showing hatred, ridicule or contempt for persons because of tribe, place of origin or color contrary to Section 70 of the Penal Code Chapter 87 of the Laws of Zambia.
However, when the matter came up yesterday for commencement of plea, state prosecutor Michael Nyundwe made an application before the court to discontinue count one pursuant to Section 88(a)of the Criminal Procedure Code and maintain count two.
“The accused person is facing two counts in this matter. I am applying to the court to discontinue count one where he is charged with defamation of the President and maintain count two,” Mr Nyundwe submitted.
And the court ruled that Nakacinda was set free in count one where he is charged with defamation of the President and was now facing one count of expressing or showing hatred, ridicule or contempt for persons because of tribe, place of origin or color contrary to the laws of Zambia.
Magistrate Phiri further ruled that the accused person is discharged according to count one and was free of the charge.
“The court has withdrawn count one of defamation of the President pursuant to section 88(a) of the CPC,” she ruled.
Nakacinda took plea in count two and denied the charge.
It is alleged in count two that Nakacinda 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 Bwengwa and then went to dump in state House, expressing or showing hatred, ridicule or contempt against a group of persons namely the Tonga Speaking People of Bwengwa area of the Southern Province of the Republic of Zambia, because of their place of origin and tribe.
The court has since set May 16, 2023 for commencement of trial.
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