SEAN Tembo has asked the Constitutional Court to dismiss the matter in which former secretary to Cabinet, Leslie Mbula, has sued him over his alleged insulting remarks against President Hakainde Hichilema, contending that it has no jurisdiction to interpret issues bordering on cultural practices as that is the preserve of the Local Court.
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 published allegedly published by him against the President are contrary to Articles 8(a) and (b), 20 and 43 (1) (a) and 43(2) (d) of the Constitution of Zambia. He has 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.
And whether the issues raised by the former secretary to Cabinet for determination by the court pursuant Article 128(1) (a) are for some or exclusive interpretation of constitutional provisions, are 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.
“ I believe that this court could not render interpretation on what constitutes disparaging innuendos; dehumanizing remarks or fighting words and I verily believe that the appropriate forum ro seek matters that border on customary practices is the local court of the House of chiefs ,”he submitted
In this matter, Mr Mbula contends that the disparaging and dehumanising remarks by Mr Tembo against elected officials who include the Head of State were unconstitutional because they do not promote Zambian national values, human dignity, patriotism and national unity.
He has 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 pesudo 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 contends that unrelenting disparaging remarks and fighting words do not enhance the exposition of ideas in public debate because they decay the values
