SEDITION; Emmanuel Mwamba Vs The People matter before Lusaka Magistrate Hon.Crsipin Hampungani

First Witness; Malambo Justin, aged 26, Chisamba, Chief Chamuka, Businessman

Examination in Chief

It was on 4th November, 2023. I received a notification that I received a notification on Facebook from Amb. Emmanuel Mwamba.
It was a Facebook post. But I was concerned with the words; Nationwide Shutdown. I was concerned by words.national shutdown or national lock down.
I tried to find meaning of the words.
I went to the Oxford Dictionary to get the meaning of both Nationwide or shutdown.
The meaning I got was that this meant that the country will not have business that day.

I used my page titled as Hon. Malambo Justin MH Facebook Page to comment on Mr. Mwamba’s Page.
“Nationwide shutdown to save your political party? Call your own children to do so.”

Later I was called by the Police to give interviews.
The Police called me and I said Kabwe town was the nearest for me.

The Police travelled to Kabwe and recorded a statement from me.
Prosecutor; Do you know Amb. Emmanuel Mwamba?

Malambo; I know him from Facebook and media. On his page there is a picture of Mr. Mwamba.
Prosecutor; Is your page active, is Amb. Emmanuel Mwamba page active.

Makebi Zulu- Mr. Justin Malambo. How are you? How is Chisamba?

Malambo Justin- Chisamba is fine.
Makebi Zulu- you are politically active?
Malambo Justin; I’m a farmer, and a teacher.
Makebi Zulu – why do you refer yourself to Hon. Justin Malambo.
Malambo Justin; It’s just a title. I used it in my community.
Makebi Zulu- do members of the village agree with you?
Malambo Justin -Yes they disagree.
Makebi Zulu- the man you have testified against has the right to hold an opinion.
Malambo Justin- Yes he has.
Makebi Zulu- are there others that agreed with him on his views?
Malambo Justin- it depends, the others..

Makebi Zulu- did other people agree with him?

Malambo Justin- Yes they did.
Makebi Zulu- have you shown the post to the court.
Malambo Justin- Yes.
Makebi Zulu- where is your phone to show the court?
Malambo Justin- I have left the phone.
Makebi Zulu- Why was Mr. Mwamba proposing nationwide action?
Malambo Justin- that’s why the court should find out.
Malambo Justin- for me it’s the last paragraph
Makebi Zulu- How many paragraphs did Mr. Mwamba write? What was the Post say.
Malambo Justin- national shut down.
Makebi Zulu- What was the article about.
Malambo Justin- the.protest was against the courts, the Parliament and President as they can never offer solution according to him.
Makebi Zulu – Mr. Mwamba wrote; “Family let’s reclaim our Democracy by engaging in mass action” Does Democracy involve illegal action.
Malambo Justin- Yes there is no illegality in Democracy.

Makebi Zulu- did Mr. Mwamba propose illegal action?

Malambo Justin- no it didn’t.

Makebi Zulu- Mr. Mwamba also said Nationwide shutdown. Is that illegal?

Malambo Justin- it depends.

Makebi Zulu- did you ask him what he meant?

Malambo Justin- no I didn’t. I just commented on his page.
Makebi Zulu- shows Mr. Malambo him his comment. “National wide to save your party as if it’s a national party?”
What Party does Mr. Mwamba belong?

Malambo Justin- he belongs to the Patriotic Front.
Makebi Zulu -is the Patriotic Front not a nation-wide party?

Malambo Justin- Patriotic Front is not a national party.
Makebi Zulu- You also wrote that “Mbape wakulekafye” who is Mbape on this context.
Malambo Justin- he plays for PSG.

Makebi Zulu- reads Malambos post. so you understood national mass action and national shut down.
Look for the word “protest”.
Malambo Justin- No I haven’t seen any word protest in his statement.
Makebi Zulu- is protesting illegal in a democracy?
Malambo Justin- no it is not.
Makebi Zulu- did you report the matter to the Police?

Malambo Justin- No I didn’t.

Makebi Zulu- it’s the Police from Lusaka.

Malambo Justin- Yes

Makebi Zulu-did you see anywhere where you asked what he meant?

Malambo Justin-no I didn’t ask him.
Makebi Zulu- you just asked him. And you told to tell the court the truth. Do you know the consequences of giving false statement.

Malambo Justin- I said, in a statement.

Makebi Zulu- did you ask him what he meant?

Malambo Justin- it’s just a question mark. It was typing error from me.
Makebi Zulu- did anyone protest? Did anyone protest?
Malambo Justin- no, I didn’t protest. And no, one protested.
Makebi Zulu- so Mr. Mwamba issued a statement that did not make sense.
Malambo Justin- no.
Makebi Zulu- do you know anyone who that statement had an effect?
Malambo Justin- no one.
Makebi Zulu- the reason we are all here is that the two of you had a different in opinion.
Malambo Justin- Yes.
Makebi Zulu- in your village, people belong to different party.
Malambo Justin- Yes
Makebi Zulu- so what political party do you belong to?
Malambo Justin- I don’t belong to any political party.
Makebi Zulu- you are aware people hold different opinions? Many times opposing views?
Malambo Justin- Yes.
Makebi Zulu- got example there are people calling for early elections. There are others that differ.
Malambo Justin- Yes.
Makebi Zulu- there are people calling for the removal of President Hakainde Hichilema and others refuse.
Malambo Justin- Yes.
Makebi Zulu- do you know who manages Mr. Mwamba’s page?
Malambo Justin- I don’t know.
Makebi Zulu- do you know who posted the article? Do you know if it was Mr. Mwamba who posted the article?

Malambo Justin- I don’t know.

Makebi Zulu- who paid for your transport to Kabwe.

Malambo Justin- the State sponsors my travel.
Makebi Zulu- how much were you given?
Malambo Justin- it’s a State issue?
Makebi Zulu- are they paying for your accommodation?
Malambo Justin- it’s a State issue.
Makebi Zulu- Sir I wish you well in your future endeavours.

No re examination.

Prosector- Sir we wish to ask for adjournment to prepare for the next group of witnesses.

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