A state witness has told the Lusaka Magistrates’ Court that he decided to report embattled NDC leader Chishimba Kambwili to the police for defamation of the President upon viewing a video which went viral on social media in which the opposition leader allegedly insulted the head of state.
Daniel Nyati, 37, a businessman of Plot number 26437, off Kasama road in Lusaka, has told the court that he was offended and found Kambwili’s expression ridiculous.
According to the witness, the words Kambwili said in the video were quoted as “not ishi imbwa shabantu shalaikalafye kuchawama shamona fye ati itandale ichalo konse eko baita. Kuti washa abantu balelwa umutengo wabunga K150…”
He continued that “I felt offended as I found the expression to be ridiculous and [insulting] and thereafter I asked myself as to who this dog was as there was no direct mention of this dog and upon scrutinizing the video further, I discovered that the only person who appointed Kampyongo as a minister was the Head of State. The Head of State was also the one who appointed Kaizer Zulu as his political [advisor]. I also saw that the Head of State actually came from Chawama as he was elected Chawama member of parliament in the 2011 general elections. Thereafter, he occupied state house.”
Nyati recalled that on August 27, 2019 around 09:00 hours, he checked his phone and when he opened his Facebook account, he came across a video in which Kambwili was using insulting words.
He said he then consulted the Penal Code and in his view as a layman, he took it as defamation of the President as the words brought the name of the President into ridicule, more especially that Kambwili aspires to take over the presidency.
“I therefore decided to have matter reported at Lusaka Central Police. I went there [to] Criminal Investigations Officer by the name of Mr Nkhoma. I showed him the video, after showing them the clip, they asked me to download video clip and put it in a flash as at the time, the video was still on my phone,” Nyati told court.
And when asked where the information was stored, he said in a red flash although he stated that he still had the video on his phone in the Whatsapp account where it was shared.
But when the witness produced the said video in court, defence lawyers objected to the evidence being produced saying it needed an expert as it was is in a sub category of evidence which needed experts.
“There are rules surrounding the process of gathering evidence, handling, presentation of the evidence. This submission made is a summary of the law of evidence and categories are five. These five categories contain numerous sub categories and they may include opinion evidence, lay opinion and expert evidence; this witness his not an expert. If we talk of evidence, it’s not being presented as actual evidence. It’s the contents in this phone. So those contents need an expert to produce scientific evidence. So on what basis is he producing evidence of scientific nature? Is he qualified to answer questions of scientific nature? He said his phone has no password, at no point has the witness told court the inbuilt safeguards of that phone. What is the source of the contents in that phone?” the defence asked. “Court has got power to refuse evidence which has no merit and this usually borders on Criminal matters.”
But the court has allowed the production of the video and it was submitted as evidence in the state’s submissions.
Nyati was handed a Daily Nation newspaper to read the sentences saying “imbue shabantu” which he said was plural and was also asked whether bemba idioms always have a hidden meaning.
He was further asked which section he referred to for the charge of defamation, to which he said it was Section 69.
And when also asked whether the President was staying in Chawama, Nyati said he did not know but it was put to him that the Head of State was staying in Jack Compound.
The defence told the court that the witness was the one bringing the name of the President into disrepute as the President has never complained himself as defamation was a personal matter.
“The President has never complained. Look at the indictment! What does it say? The President has never complained to you, right? And you have not carried any survey on a number of people who lowered the name of President. You do not even know where the interview took place; in your statement, you did not tell police the place of occurrence, you did not bother to know where the interview took place,” said the defence.
Nyati, in response, said he was not aware and that was why he reported to the police.
Trial continues.
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