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Detective Testifies That Labeling President Hichilema as ‘Ignorant’ Constitutes Hate Speech

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Solwezi-based Detective Chief Inspector Daniel Mbewe has testified in the Lusaka Magistrates’ Court that labeling President Hakainde Hichilema as “ignorant” constitutes hate speech.

Mbewe, based at Solwezi Police Station, was testifying in a case where Raphael Nakacinda faces one count of hate speech, a charge he denies.

The prosecution alleges that Nakacinda, in a video shared on social media, made statements in a local language that, when translated, accused Zambians of electing “the most ignorant of a Tonga from Bweengwa” and placing him in State House.

The remarks, according to the charge, expressed hatred, ridicule, or contempt toward the Tonga-speaking people of Bweengwa in Zambia’s Southern Province due to their tribe and place of origin.

During his testimony, Mbewe stated that such statements amounted to hate speech as they targeted both the President and a specific ethnic group (Tonga-speaking people).

He acknowledged under cross-examination that context matters but maintained that calling the President ignorant is offensive.

Mbewe outlined the investigation process, revealing that the complaint was filed by a Solwezi resident and UPND member, Bruce Kanema, who provided a video recording allegedly capturing Nakacinda’s remarks.

The video was reviewed and authenticated by the police headquarters’ cybercrime unit before being sent to the University of Zambia’s School of Languages for expert analysis.

The university prepared a report, which concluded that the video negatively portrayed President Hichilema, his government, and the Tonga-speaking community from Bweengwa.

Mbewe testified that these statements had the potential to polarize the nation.

Mbewe further recounted Nakacinda’s arrest on April 25, 2022, and his subsequent interview at a lodge in Lusaka.

Nakacinda reportedly admitted to being the person in the video but denied that his remarks amounted to hate speech, claiming they had been misinterpreted.

Despite this, Mbewe stated he charged Nakacinda after determining there were reasonable grounds to believe his words constituted hate speech.

During cross-examination by defense counsel Nkula Botha, Mbewe admitted he did not travel to Southern Province to investigate and was unaware of the complainant’s tribal background.

The defense also questioned the physical and tribal characteristics of those involved but did not receive clear answers.

The matter has been adjourned to April for the continuation of the trial.

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