Two brothers from Kalulushi town in the Copperbelt Province have pleaded not guilty to insulting Republican President Hakainde Hichilema.
They appeared before Lusaka Magistrate George Njobvu on Tuesday and were granted bail at K5,000 each in their own recognisance and two sureties.
Ernest Kaumba, 23, and Elijah Kaumba, 26 are charged with using insulting language contrary to Section 179 of the Penal Code Chapter 87 of the laws of Zambia.
The alleged offence occurred between August 20, 2024, and September 30, 2024, via social media.
Their lawyer, Makebi Zulu, applied for bail pending trial, arguing that the offence is a misdemeanor and the brothers are of fixed abode.
The prosecution did not object to the bail application but sought conditions to ensure the brothers’ attendance in court.
In a separate application, Zulu requested that the matter be referred to the High Court for determination on whether Section 179 of the Penal Code complies with Article 11( b) of the Constitution, which guarantees freedom of expression.
“What is insulting language?” asked Zulu.
Zulu argued that the determination of what constitutes insulting language is subjective and dependent on the reaction of another person. He contended that this should not be a matter for the courts to decide.
“Should an insult be determined on the reaction to the words used? Zulu asked. “We think not, because if I have a right to say something, to tell me I can’t say it is infringing on my very right to say it.”
The prosecution, however, objected to the application, arguing that the issue of freedom of expression is settled and that Section 179 of the Penal Code is necessary to maintain public order and protect individuals from derogatory language.
The court has adjourned the matter to December 10, 2024, for ruling.
