After Four Months in Jail “Why Me” Finally Granted Bail of K10,000 Cash and Two Working Sureties
Update on “Why Me”’s case
After collaborations with the party leadership in Livingstone we managed to secure Lawyers to represent “Why Me” at the Magistrates Court at Livingstone thanks to the efforts of MCC Prof Nkandu Luo who volunteered to mobilise some of the fees we have paid to our Lawyers.
Pursuant to the representation the accused has been given bail by the Magistrate ALBERT with very onerous conditions. He is required to pay cash of K10,000 and his two working sureties who are also expected to post K10,000 each.
We are now seeking the assistance of volunteers to raise a total of K30,000 for lawyers to finalize processing bail and have him released from prison Please come on board and help in this noble task
Below is the background story
The trial of Why Me, a 28-year-old Lusaka man charged with hate speech against the Tonga tribe has commenced in the Livingstone magistrate court.
Francis Kabwe Kapwepwe, of Plot No. 128, Obama Chelstone, Lusaka, is facing charges of hate speech and expressing contempt for persons based on race, tribe, or place of origin. The charges were filed under Section 70(1) of the Penal Code Chapter 87 and Section 65 of the Cyber Security and Cyber Crimes Act of the Laws of Zambia.
It is alleged that between March 29, 2024, and April 6, 2024, in Livingstone, Kapwepwe knowingly and unlawfully published a video on Facebook containing derogatory remarks directed at the Tonga-speaking people, inciting hatred and ridicule based on their tribe and place of origin.
In the second count, it is alleged that the same person disseminated the video on various online platforms, using a computer system to spread the offensive content.
When he took his plea before Livingstone resident magistrate Tabita Muleya, Kapwepwe denied the charges.
Innocent Mwiinga told the court that on April 4, he was in Livingstone when he received a phone call from his cousin around 14:00 to 15:00 hours. He said his cousin informed him that there was a person insulting Tongas.
He requested his cousin to send a video of the incident. When the video was sent, he opened it and later watched it with his friends Mate Chihinga and Joseph Mabalani. He said they saw the insults in the video and decided to report the matter to Livingstone Central Police.
Mwiinga explained that the video contained heavy insults in Bemba directed at the Tonga tribe. As a Tonga from Mazabuka, he was offended by the insults because they were not directed at an individual but the entire Tonga tribe. He said he was emotional because he did not choose to be born Tonga.
Despite not being able to speak Bemba, he understood when someone was saying something in the language. He mentioned unprintable insults in the video.
Mwiinga decided to bring the matter to the police so they could take action. He clarified that he was not present when the video was made and added that the video would be brought forward at the right time.
Senesintheniah Mudenda also told the court that he was informed about the video by his friend, Innocent Mwiinga. He said he understood Bemba very well and was upset that someone could include him in their insults as he was a Tonga from Choma district. He reported the matter to the police because he was upset about the video.
Mudenda did not report the matter to ZICTA because that was not his duty. He said he had not brought any video links as the experts would deal with that at the right time. He was equally upset that someone could insult people for no apparent reason.
The matter was adjourned so the witnesses could testify.
After Four Months in Jail “Why Me” Finally Granted Bail of K10,000 Cash and Two Working Sureties
