FORMER Secretary to the Cabinet, Leslie Mbula, has argued that the Constitutional Court is vested with the power to hear the matter in which he has sued Sean Tembo over his alleged insulting language against President Hakainde Hichilema.
Mr Tembo, the Patriots for Economic Progress (PeP) party leader has raised preliminary issues, questioning the powers of the Concourt as opposed to the local court to interpret whether the disparaging innuendos and insulting words allegedly published by him against President Hichilema were contrary to Articles 8(a) and (b), 20 and 43 (1) (a) and 43(2)(d) of the Constitution of Zambia.
He asked whether Mr Mbula had properly moved the Concourt by way of originating summons as a way of commencement given that the originating summons are both for interpretation and contravention of the Constitution.
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And whether the issues raised by the former Secretary to Cabinet, for determination by the court pursuant to Article 128(1) (a) were for some or exclusive interpretation of constitutional provisions, general in nature and not personalised, do not raise contagious issues, seem to achieve a legitimate propose so the court can grant the relief which specifically target the elected officials and the republican President.
Mr Tembo asked the court to dismiss the matter.
But Mr Mbula in an affidavit in opposition, prayed for the court to proceed with interpreting articles 8(a) and (b),20(3)(a) and (b),43(1)(a) and 43(2)(d) of the Constitution in the context of insulting words against elected officials. The applicant said he believed Concourt had the jurisdication to resolve his constitutional matter.
“It is also the applicant’s prayer that this court dismisses the second respondent’s notice of motion to raise PI. This is because the forum, court jurisdiction and mode of commencement in this matter are correct at law as substantiated in our skeleton arguments above,” he submitted.
In this matter, Mr Mbula contended that the disparaging and dehumanising remarks by Mr Tembo against elected officials who include the Head of State were unconstitutional because they did not promote Zambian national values, human dignity, patriotism and national unity.
He cited the Attorney General and Mr Tembo as first and second respondents.
Mr Mbula stated that it was a well-known fact that President Hichilema was affectionately referred to as “Bally”, a pseudo name created during the 2021 general elections.
He stated that on September 27, 2022, Mr Tembo posted on his Facebook page which stated verbatim, “If the Cornhill guy is not arrested, we shall start calling Bally “Imbwa yamu State House.”
He said that on September 29, 2022, the opposition leader posted “Mailo Bally ali ku mwezi. Expect a 50’% to 35% increment in fuel prices as VAT and Exercise Duty is reinstated.”
Mr Tembo is on March 4, 2023 alleged to have written disparaging remarks saying “Ati anyamuka kuyenda ku Qatar. Ayo ma commitment to travel, there’s usually a side-chick involved. Amake Bally must get worried.”
He allegedly also posted “if the Police do not arrest those insult-unleashing LGBTQ protestors It means Bally is also gay.”
Dr Mbula contended that unrelenting disparaging remarks and fighting words do not enhance the exposition of ideas in public debate because they decay the values of human dignity, national unity and patriotism thus rendering them unconditional.
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