DEMANDING CLARITY FROM GOVT IS NOT SEDITIOUS PRACTICE, STATE HOUSE TELLS COURT
….President Hichilema did it while in opposition says Hamasaka
Lusaka… Thursday November 28,2024
STATE HOUSE has told the Lusaka Magistrates Court that there is nothing seditious about an opposition leader seeking clarity from government on serious allegations flying around in international media.
Chief Communications Specialist Clayson Hamasaka says opposition political parties have a responsibility to bring to the attention of authorities information on perceived wrongs being done by government.
He said in cross examination that it was in order for Socialist Party President Dr Fred M’membe to bring to the attention of government a claim that Zambian authorities were paid $20m to buy their silence noting that it is the duty of government to come out clean on such allegations.
Defense Counsel: Do you recall sometime in 2020 that then as opposition leader, Mr Hakainde Hichilema went to ACC to give evidence that the owner of the 48 Houses was a known lawyer from the Copperbelt?
Mr Hamasaka: Yes I recall.
Defense Counsel: Are you aware that infact, that matter has been prosecuted?
Mr Hamasaka: No
Defense Counsel: The matter was concluded in 2022 and a couple, Mr and Mrs Charles Loyana were convicted?
Mr Hamasaka: I am hearing it from you.
Defense Counsel: When President Hakainde Hichilema went to ACC to report the Copperbelt lawyer, was he performing the function as an opposition leader?
Mr Hamasaka: Yes
Defense Counsel: Do you have evidence of any court decision that found the said Ndola lawyer who was reported as the owner?
Mr Hamasaka: No
In a publication on his X and Facebook pages on July 16, 2024 titled “Tshisekedi tells DRC Catholic Bishops about the USD 20 Million Payout to Buy Zambia’s Silence” Dr. M’membe challenged Zambian authorities to come out clean on the allegation as reported by a Democratic Republic of Congo Journalist Selon Pero Luwara.
“We demand that the Zambian authorities come clean on Mr Tshisekedi’s huge pay out claims” stated Dr M’membe.
The French speaking Journalist Selon Pero Luwara reported the claims in a DRC News Today video that was published on 11 July 2024 and was yesterday played in court with the assistance of an Interpreter.
“President Tshisekedi went to Namibia and knew that Kabila was there. He gave them $17m trying to corrupt the authorities so they should not extend Mr Kabila’s VISA but should instead kick him out of the country. He also went to Tanzania and corrupted the Tanzania authorities using the former President Jakaya Kikwete who was given $12m, in Zambia he gave more than $20m and that is why you can see that Zambia is not a sure country for opposition leaders. Where is he getting all that money he is using to corrupt these authorities,” according to Luwara.
Testifying before Magistrate Idah Phiri, in a matter in which Dr M’membe is charged with seditious practices contrary to section 57 (1)(c) as read together with section 60(1)(b) of the penal code Chapter 87 of the Laws of Zambia, Mr Hamasaka acknowledged that the accused was experiencing worry about the revelations from Congo.
Defense Counsel: What is the first line in paragraph 3 saying?
Mr Hamasaka: We are worried about these revelations.
Defense Counsel: You agree that the author of that article is experiencing worry about those revelations?
Mr Hamasaka: Correct.
Defense Counsel: Go to the last line of the paragraph?
Mr Hamasaka: We demand that government comes out clean about the claims
Defense Counsel: You agree that it is the duty of government to come out clean on allegations?
Mr Hamasaka: Correct
Defense Counsel: And as a person sited at that high level in government, you agree that there are several allegations made against government?
Mr Hamasaka: Yes.
Defense Counsel: And part of your Job is to clarify to citizens the true position as regards such allegations?
Mr Hamasaka: Yes.
Defense Counsel: Infact, you recently issued a statement clarifying the national power outage after the former Head of State issued a statement on it?
Mr Hamasaka: Yes.
Defense Counsel: As regards the issues before court today, you have not told court whether as government you issued a clarification on Dr M’membe’s allegations?
Mr Hamasaka: No
Defense Counsel: And the reason you did not react in that fashion was because according to you, the accused engaged in slander against the Republican President?
Mr Hamasaka: No
Defense Counsel: Witness, you have covered politics for a long time as a media practitioner and you’re aware of the role of opposition political parties?
Mr Hamasaka: Yes
Defense Counsel: One of the roles is to bring to the attention of government information on perceived wrongs being done by government correct?
Mr Hamasaka: Correct
Defense Counsel: And information in foreign media that a perceived wrong has been done by government should be brought before government?
Mr Hamasaka: Correct
Defense Counsel: Is an allegation that Zambian authorities were paid $20m not a serious allegation?
Mr Hamasaka: Yes
Defense Counsel: Shouldn’t it be brought before government that there is this serious allegations flying around in international media?
Mr Hamasaka: Yes it should be brought.
Defense Counsel: Last paragraph of the article?
Mr Hamasaka: It is asking government to come out clean
Defense Counsel: Is that not what is supposed to be done?
Mr Hamasaka: Yes, we should come out clean.
Defense Counsel: And not arresting people that are bringing such allegations to the attention of government?
Mr Hamasaka: Yes
Asked why he reported Dr M’membe to the Police instead of simply clarifying the claims brought to the attention of government as per his duty, Mr Hamasaka said his feelings about the article led him to do that.
Defense Counsel: Are you the complainant?
Mr Hamasaka: I took the complaint to the Police.
Defense Counsel: You complained because the accused is an opposition leader?
Mr Hamasaka: No
Defense Counsel: Did you complain when the UPND Secretary General Batuke Imenda called a Catholic Bishop a Lucifer?
Mr Hamasaka: No
Defense Counsel: So calling a Catholic Bishop a Lucifer, you had no feelings?
Mr Hamasaka: Anybody should have reported depending on how they felt
Defense Counsel: Your SG, Mr Batuke Imenda called the Catholic Bishop a Lucifer, what was your feelings?
Mr Hamasaka: NOTHING.
Defense Counsel: What were your feelings when your cadres in Southern province declared the region a no-go-area for the opposition?
Mr Hamasaka: I am not aware.
Defense Counsel: Are there any arrests against UPND members of Parliament?
Mr Hamasaka: No
Defense Counsel: Is there any reason why only members of the opposition are being arrested for Seditious Practices?
Mr Hamasaka: I don’t know these laws.
Defense Counsel: You said that your job is to scan local and international media, did you scan a Congolese media that reported on what Tshisekedi said to the Catholic Bishops?
Mr Hamasaka: No
Defense Counsel: Would you want us to show you the video?
Mr Hamasaka: Yes if it is there.
Meanwhile, the State Witness clarified that the use of “authorities” in Dr M’membe’s article is not limited to those in government today but may include other regional leaders including former government officials.
He further told Court that there was no mention of President Hakainde Hichilema in the article.
Defense Counsel: Show me in this enditment where President Hichilema is mentioned?
Mr Hamasaka: It’s not there.
Defense Counsel: Mr Hamasaka, who are regional leaders?
Mr Hamasaka: Presidents in the region.
Defense Counsel: And the opposition, is Dr M’membe a leader?
Mr Hamasaka: He leads a party.
Defense Counsel: The people that represent regional organisations are they always Presidents?
Mr Hamasaka: No.
Defense Counsel: When they talk about regional leaders, they are NOT just talking about Presidents?
Mr Hamasaka: Correct.
While insisting that he was in court to speak on behalf of President Hakainde Hichilema, Mr Hamasaka testified that he was not aware of anybody that was incited to rise against government as a result of reading Dr M’membe’s article.
Defense Counsel: It’s correct that based on your feelings, you made this report to the police?
Mr Hamasaka: Correct
Defense Counsel: It’s your testimony that you were with the President at the time you read this article?
Mr Hamasaka: Yes
Defense Counsel: Is it correct that by your feelings, you felt like overthrowing the President?
Mr Hamasaka: No
Defense Counsel: It is also correct that you had no ill feelings after reading the article?
Mr Hamasaka: Correct
Defense Counsel: After reading that article, you did not ridicule the President?
Mr Hamasaka: Correct
Defense Counsel: Of late, you have written articles reacting to Dr M’membe on your page Clayson Hamasaka?
Mr Hamasaka: Yes
Defense Counsel: On this matter, your page has no story on the matter in court?
Mr Hamasaka: No
Defense Counsel: It is nowhere in your evidence that no community in Woodlands was incited into violence?
Mr Hamasaka: No
Defense Counsel: Are you aware that what you’re looking at does not mention President Hakainde Hichilema?
Mr Hamasaka: I am aware
Defense Counsel: What do you understand by the word authorities, is it only restricted to the President?
Mr Hamasaka: No
Defense Counsel: You had told the court that you came here to speak on behalf of the President. It is in line with your duty to speak on behalf of the President in court?
Mr Hamasaka: Yes
Defense Counsel: Are you aware that he has immunity?
Mr Hamasaka: Yes
Defense Counsel: By way of your oath of office, are you aware of what it says in relation to divulge what the President told you?
Mr Hamasaka: Yes
Defense Counsel: It is correct that you need authority under the President’s hand?
Mr Hamasaka: Yes
Defense Counsel: And it’s also correct that the information you are giving court today is what the President told you?
Mr Hamasaka: Yes
The matter was adjourned to December 17, 2024 and January 16, 2025 for mention and 25 and 27 February 2025 for continued trial.
DEMANDING CLARITY FROM GOVT IS NOT SEDITIOUS PRACTICE, STATE HOUSE TELLS COURT
