Magistrate warns state over wasting time in Saboi case
LUSAKA magistrate Sylvia Munyinya has warned the state never to waste the courts time by bringing witnesses of opinion and not facts in a case National Democratic Congress (NDC) Leader Saboi Imboela is charged with defamation.
This was after Times of Zambia sub Editor Mr. Kennedy Limwanya said he was intrigued at the post Ms. Imboela posted on her Facebook page about the current State House Communications Specialist Clayson Hamasaka.
Mr. Limwanya said he had known Mr. Hamasaka while at Evelyn Hone College as he was his lecturer and has since become family.
He said he had been meeting with Hamasaka and had been to his house on several occasions and what Ms. Imboela posted casted his friend bad light because of the nature of his job at state house. But the court blasted at the state saying they should be bringing witnesses who had the ingredients to the offense not just bringing witness wasting courts time.
In this matter, Imboela, 45, of Lilayi pleaded not guilty to two counts of Libel Contrary to Section 191 of the Penal Code Chapter 87 of the Laws of Zambia.
Mr. Limwanya further testified that in September 2020, there were some posts he saw on Saboi Imboela SI Facebook page Facebook.
“Let your witness state facts not opinion. Let him talk about what happened, let us not waste time. It is not about just bringing witnesses but about the ingredients of the offense. Talking about journalism is not right. He is only talking about what he thought. Does a journalist qualify in this matter,” magistrate Munyinya said. Magistrate Munyinya further said the witness had to prove the elements of the offense not how they feel.
“Let me not guide you all the time”
It is alleged that Imboela, on unknown dates but between September 9, 2022 and September 10, 2022, in Lusaka jointly and whilst acting together with other persons unknown, did publish defamatory matters against Clayson Hamasaka on a Facebook page called Saboi Imboela -SI.