Lumezi Independent Member of Parliament Munir Zulu has denied charges of criminal libel against Finance Minister Situmbeko Musokotwane, Infrastructure Minister Charles Milupi and Engineer Mulchand Kuntawala, arguing that his statements were spoken rather than published.
Zulu, who appeared before Lusaka Chief Resident Magistrate Davies Chibwili, is facing three counts of libel under Section 191 of the Penal Code.
The allegations include claims that Musokotwane and Milupi each received $250,000 in corrupt payments and that Kuntawala transferred $150,000 to Milupi before his appointment as Board chairperson of the Roads Development Agency.
In his defense, Zulu asserted that his remarks were made within Parliament, where MPs have freedom of speech and insisted he did not publish the statements.
His legal team, led by Nkula Botha, sought an adjournment, citing Zulu’s parliamentary duties. However, the state, represented by prosecutor Jordan Busiku, opposed the request arguing that Zulu’s absence would not hinder parliamentary proceedings.
The magistrate denied the adjournment, emphasizing that the criminal case took precedence.
The defense further argued that libel under Zambian law applies only to written or published statements, citing legal precedents and questioning the validity of the charges.
Botha requested that the matter be referred to the High Court for constitutional clarification on whether spoken words can constitute libel.
The state countered that Zulu knowingly addressed the media implying intent for publication.
Magistrate Chibwili denied the application, ruling that the case should proceed to determine whether Zulu’s statements amounted to libel.
Cross-examination revealed that Zulu did not recall inviting the media but acknowledged addressing them. The defense announced plans to summon 10 witnesses.
The case was adjourned to February 5 and 6 for further hearings.
