Francis Kapwepwe, widely known by his online alias “Why Me,” has been ordered to defend himself against accusations of hate speech after the Livingstone Magistrates’ Court found a prima facie case against him.
Kapwepwe, who has spent over eight months in detention, appeared before Magistrate Thabita Muleya in Livingstone on Friday.
The court ruled that there is enough evidence for him to answer charges of propagating hate speech and showing contempt for individuals based on tribe, race, or origin.
The allegations stem from a video Kapwepwe allegedly published on Facebook between March 29 and April 6, 2024.
The video reportedly contained inflammatory remarks targeting the Tonga-speaking community, inciting hatred and ridicule.
Authorities say he later disseminated the content through various online platforms, amplifying its reach.
Magistrate Muleya, delivering her decision, stated, “Having heard the prosecution’s evidence, I am satisfied that a prima facie case has been established against you. I find you with a case to answer and put you on your defense.”
Representing Kapwepwe, attorney Anthony Bwalya from KBF and Partners announced that his client intended to testify under oath and would be the sole witness in his defense.
Kapwepwe, a resident of Chelston in Lusaka, has been charged under Section 70(1) of the Penal Code Chapter 87 and Section 65 of the Cyber Security and Cybercrimes Act.
He was arrested in Lusaka and transported to Livingstone, where he has remained incarcerated during the legal proceedings.
The case will resume on January 15, 2025, when Kapwepwe’s defense is expected to be heard.
