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Lusaka Court Transfers Case of Kaumba Brothers Accused of Insulting President Hakainde Hichilema to Kalulushi

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The Lusaka Magistrates’ Court has ruled to transfer the case of the Kaumba brothers, accused of insulting President Hakainde Hichilema to their hometown of Kalulushi.

Ernest Kaumba, 23, and Elijah Kaumba, 26, represented by Makebi Zulu Advocates, argued that the alleged offense, arising from social media activity between August 20 and September 30, 2024, was committed in Kalulushi, making it the proper jurisdiction for the trial.

Magistrate George Njobvu agreed, ordering the case to proceed in Kalulushi despite prosecution claims that the online nature of the offense had nationwide implications.

The brothers face charges of using insulting language contrary to Section 179 of the Penal Code, Chapter 87 of the Laws of Zambia. The accusations arose from social media activity between August 20 and September 30, 2024.

Their lawyer, Makebi Zulu, argued that the law mandates offenses to be tried within the jurisdiction where they were committed.

The prosecution opposed the request, contending that the online nature of the offense meant its impact was felt nationwide, making the Lusaka court competent to handle the case under the Criminal Procedure Code, Chapter 88.

However, Magistrate Njobvu sided with the defense, ruling that the trial should take place in Kalulushi, where the offense, complaint, and arrests were made.

“I agree with the defense that this matter should be transferred to Kalulushi, where the offense was committed and the complaint filed. While the effects may have been nationwide, the cause of the complaint arose outside this court’s jurisdiction,” Magistrate Njobvu stated.

The case will now proceed in Kalulushi, where the brothers will answer the charges against them.

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