By BARNABAS ZULU
THE Patriotic Front (PF) has called for the immediate release of its secretary general Raphael Nakacinda, who is now serving an 18-months jail sentence, arguing that his imprisonment is a legal farce because the law under which he was convicted was repealed two years before the alleged offense.
Mr. Nakacinda is currently serving an 18-month prison sentence for defamation of President Hakainde Hichilema, following comments he made alleging that the Head of State had been meeting judges at his residence to influence judicial outcomes.
Emmanuel Mwamba, the PF information and publicity chairperson has described Nakacinda’s incarceration as outrageous and accused the government of weaponising the Judiciary to silence political opponents.
“Nakacinda must immediately be released as his first conviction occurred two years after the law was repealed,” Mr. Mwamba said. “We had hoped that a higher court would see the absurdity and reject the false conviction and acquit him.”He argued that the crime of criminal defamation of the President was abolished in December 2022, when President Hichilema assented to the Penal Code (Amendment) Bill, and therefore, any prosecution under that law not only unconstitutional but null and void.
“Jailing Nakacinda two years after the law of defamation of the President was repealed is ridiculous and a legal farce,” he said.Mr. Mwamba explained that Nakacinda’s original comments — which formed the basis of the case — had since been vindicated by what he termed a visible pattern of political interference in the judiciary.
“Nakacinda’s fears, expressed in the case on which he was convicted — that the Judiciary was under the direct control of President Hakainde Hichilema — are now proven facts,” he said. “This is an established reality, not speculation.”Mr. Mwamba cited international human rights reports, which he claimed have expressed concern that Zambia has “descended into a tyrannical state” under President Hichilema.
“Human rights reports have expressed concern that Zambia has fallen into dictatorship, with President Hichilema exerting control over Parliament, the Judiciary, and key democratic institutions,” he said.
He also accused the Judiciary of acting in collaboration with the executive to deny politically targeted individuals bail and facilitate the alleged takeover of the Patriotic Front.
“The Judiciary has become assailable and vulnerable to criticism,” Mwamba charged. “We have seen coordinated actions denying bail to opposition figures, and the Judiciary has even enabled the theft of the Patriotic Front party. These are not coincidences.”
Mr. Nakacinda was sentenced on May 17, 2024, by Lusaka Magistrate Ireen Wishimanga, who found him guilty of defaming the President.
His appeal was later dismissed on October 21, 2025, by High Court Judge Anne Mary Kachenga Malata Ononuju, who upheld the conviction, citing the seriousness of Nakacinda’s attack on the integrity of the Judiciary.
Mr. Mwamba, however, questioned the legality and morality of the ruling.
“Both the Magistrate and the High Court Judge justified the conviction on the grounds that the statements were serious attacks on the Judiciary,” he said. “Yet they ignored the fact that the law used to convict him had already been repealed.”
Mr. Mwamba said Nakacinda’s case symbolizeD the shrinking democratic space in Zambia, adding that the government has been using law enforcement and judicial processes to persecute critics.
“President Hichilema has degenerated into a tyrant, punishing political opponents and critics by abusing the law, state institutions, and the Judiciary,” Mr. Mwamba said. “Nakacinda must be released immediately.”
