COURT UPDATE – THE PEOPLE VS BATUKE IMENDA
COURT UPDATE – THE PEOPLE VS BATUKE IMENDA
Lusaka, 18th March 2024
The matter in which the UPND Secretary General Mr. Batuke Imenda is charged with the offense of Hate Speech for referring to the Archbishop of Lusaka Dr. Alick Banda as “the Lucifer of Zambia” came up for a hearing today, Monday, 18th March 2024 before Lusaka Magistrate Hon. N. Chanda in Court 10 at 09:30hrs.
The matter came up for a ruling on an application that had been made by Counsel for the Accused Batuke Imenda to stay the proceedings in the Subordinate Court and refer the matter to the Constitutional Court for determination of alleged constitutional issues. Counsel for the Accused had also challenged the placement of the Accused person in the dock, before Consent to privately prosecute had been received from the DPP. Thirdly, Counsel for the Accused Batuke Imenda had challenged the standing of the Complainant at the bar, which they claimed was only reserved for counsel.
The Complainant, Mr. Sean Tembo had opposed the Accused person’s application on the basis that it was frivolous as there were no constitutional issues to be determined by the Constitution Court. The Complainant had also argued that the sitting arrangement in Court is clearly guided by the Criminal Procedure Code Act, and that it was not subject to the personal interpretation of Counsel for the Accused. The Court had reserved it’s ruling to today.
In it’s ruling on the application this morning, the Court dismissed the Accused person’s application to refer the matter to the Constitutional Court, on the basis that there were no constitutional issues to be determined, as the issues raised fall under the Criminal Procedure Code Act, Cap 88 of the laws of Zambia.
The Court also dismissed the Accused person’s challenge that he is not supposed to sit in the dock before Consent is received from the DPP, on the basis that the Criminal Procedure Code Act is very categorical on the fact that an accused person should stand in the dock.
The Court further dismissed the Accused person’s challenge that the Complainant should not stand at the bar, on the basis that the Complainant has a choice on whether to hire counsel to represent him or not, and that where a complainant decides to personally prosecute a matter, as the case is in this matter, then he is entitled to sit at the bar for purposes of prosecuting his case. In short, all the three issues that had been raised by Counsel for the Accused Batuke Imenda in their application on 4th March 2024 were dismissed by the Court.
During today’s hearing, in addition to his Counsel Mr. Larry Njungu, the Accused Batuke Imenda was also represented by Counsel Senzo Zaza. The Complainant Mr Sean Tembo continued to represent himself.
At the end of the hearing, the Court informed the parties that it had received a letter from the DPP, Mr. Gilbert Phiri and that he had refused to give consent for the Complainant to proceed with the private prosecution of the UPND Secretary General, Mr. Batuke Imenda for the offense of Hate Speech, for referring to the Archbishop of Lusaka, His Grace Dr Alick Banda as the Lucifer of Zambia. In view of today’s refusal by the DPP to grant consent, this matter has since been discontinued.