IN HAKAINDE HICHILEMA’S GOVT WE NEED POLICE PERMIT TO POST ON FACEBOOK, SAYS VICTOR MATEYO IN EMMANUEL MWAMBA’S CASE OF SEDITION
IN HAKAINDE HICHILEMA’S GOVT WE NEED POLICE PERMIT TO POST ON FACEBOOK, SAYS VICTOR MATEYO IN EMMANUEL MWAMBA’S CASE OF SEDITION
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On Taxpayers money Victor Mateyo was brought to Lusaka and lodged in a hotel, so that he is comfortable as President Hichilema cracks down on the opposition and his critics. Victor was in Lusaka to help the State send Emmanuel Mwamba to jail.
This case was on today, Thursday, 29th August 2024 and here is what happened in court.
Prosecutor calls her witness.
Witness swears on the bible. He identified himself as Victor M Mateyo aged 48 of
Lilayi Estate.
He stated that he is a Police Officer with Service No.1947.
He is currently Acting Senior Superintendent based in Kapiri Mposhi as Officers Commanding.
Victor Mateyo: It was on 13th of November 2023
I was on duty in Kapiri Mposhi when I was called that there were officers from the Zambia Police Service Headquaters who wanted to see me.
Prosecutor: What did they want?
Victor Mateyo: The reason was to find out if Mr. Emmanuel Mwamba had given a notification to the Police regarding a posting on his Facebook Page calling for mass action and nation-wide shutdown.
We checked through our records and further inquired from stations if they had received any notifications from Mr. Emmanuel Mwamba.
We got a reply that there was none.
Henceforth I submitted a report which I did. This report is in court as I speak.
I must also mention that I also saw the post by Mr. Emmanuel Mwamba which he posted on 4th November 2023.
This post was calling for mass action and nationwide shutdown.
This post made me wonder what Mr. Emmanuel Mwamba intended to achieve by posting such words.
Prosecutor: Why was it important for you to check if there was a notification with other police stations?
Victor Mateyo: It is a requirement by law for anyone that wishes to host and engage the public.
Prosecutor: How was he to engage the public?
Mateyo: To engage the public using a meeting or procession.
Prosecutor: Which law was he supposed to adhere to?
Mateyo: The Public Order Act.
Prosecutor: Do you know Mr. Emmanuel Mwamba.
Mateyo: Yes, I know him as a member of the Patriotic Front.
Prosecutor: What’s the name of the account you logged in to establish that it was Mr. Emmanuel Mwamba’s account?
Mateyo: I used my account and saw his page. There was his picture.
Prosecutor: Identify Mr. Mwamba.
Mateyo walks to the dock and identifies Mr. Mwamba, by pointing at him closely.
Prosecutor: Did you go to facebook to establish these facts? Whose device did you use?
Mateyo: I used my phone and my facebook account named Victor Mateyo.
Prosecutor: No further questions your honour
CROSS EXAMINATION BY MAKEBI ZULU
Makebi Zulu: Goodmorning Mr. Victor Mateyo and how is Kapiri Mposhi?
Mateyo: I’m well and Kapiri Mposhi is well.
Makebi Zulu: You did mention that officers from Zambia Police service headquarters came to ask about Mr. Emmanuel Mwamba.
Mateyo: Yes, they were Mr. John Mbewe and Detective Siame.
Makebi Zulu: You told the Court that you were asked to establish if Mr. Mwamba had applied for a permit to hold a meeting or procession? Did Mr. Mwamba hold a procession?
Victor Mateyo: He didn’t hold any meeting to my knowledge.
Makebi Zulu: Did Mr. Mwamba hold a procession?
Victor Mateyo: Mmm..
Makebi Zulu: What is a meeting?
Victor Mateyo: A gathering of more than one person.
Makebi Zulu: Did Mr. Mwamba hold any gathering of more than one person?
Mateyo: Yes he held a meeting. He held a gathering on Facebook.
Makebi Zulu: Mr. Mwamba posted words on Facebook. Was Mr. Mwamba supposed to seek police permission to post on Facebook?
Victor Mateyo: Yes according to Section 5 of the Public Order Act required that Mr. Mwamba obtains permission.
Makebi Zulu: What name do you use on Facebook?
Mateyo: My full names, Victor Mateyo.
Makebi Zulu: Do you have your phone? Kindly go to your facebook page. Are those your beautiful children on your facebook profile.
Victor Mateyo: Yes
Malebi Zulu: And that’s you? And by the way, you look great.
Mateyo: Yes, thank you.
Makebi Zulu: Do you post on Facebook?
Mateyo: Yes. I last posted about my wife’s birthday.
Makebi Zulu: So was that a meeting?
Victor Mateyo: No, it was personal, I was congratulating my wife on her birthday.
Makebi Zulu: Did you receive facebook likes and comments?
Mateyo: Yes, many.
Makebi Zulu: Did you seek police permission for your facebook posting?
Victor Mateyo: No.
Makebi Zulu: So why did Mr. Mwamba need permission from the Police to post on his page?
Victor Mateyo: Because he called for the general public to assemble or gather. He therefore assembled members of the public and held a meeting on his Facebook Page.
Makebi Zulu: Is there anything wrong with a protest?
Victor Mateyo: No, there is nothing wrong.
Makebi Zulu: What is a protest?
Victor Mateyo: A gathering of a group of people protesting about something.
Makebi Zulu: Where was Mr. Emmanuel Mwamba protesting?
Mateyo: He made a post on Facebook. He was on Facebook and it was the public place.
Makebi Zulu: Who policed the event? Who were the Speakers at his Facebook posting or meeting?
Mateyo: He was alone. It was a Facebook posting.
Makebi Zulu: Was there anything wrong with Mr. Mwamba’s posting?
Victor Mateyo: He was calling for mass action and national-wide shut down.
Makebi Zulu: What law was offended by those words?
Victor Mateyo: The Public Order Act, Section 5.
Makebi Zulu: Is calling for a mass protest actually holding a mass protest? Calling for a mass protest is NOT a mass protest? Calling for a national wide shutdown is not holding a national shutdown?
Mateyo: Yes there is nothing wrong with calling for a meeting or protest. It is not illegal.
Makebi Zulu: Is there a law that stops me from calling for a meeting?.
Mateyo: No, not to my knowledge.
Makebi Zulu: No further questions your honour.
Prosecutor: We will seek for an adjournment Your honour.
Matter adjourned to 10th October 2024 for continued trial.
Amb. Emmanuel Mwamba is appearing before Lusaka Magistrate, Hon. Chrispin Hampungani, and he is charged with a case of Sedition, an offence which was allegedly Contrary to Section 57(1) (b) as read with Section 60 (1) (a) (b) (d) (I) of the Penal Code Act Chapter 87 of the laws of Zambia
TAYALI THE PUBLIC LAWYER OF THE PUBLIC COURT OF OPINIONS!!!