Imenda seeks ConCourt’s determination on Court appearance without DPP’s consent


TIRED of trekking to court over a matter commenced by by PeP owner Sean Tembo,UPND Secretary General Batuke Imenda now wants the Constitutional Court to ascertain whether he can continue appearing before Court when the DPP has not authorized his prosecution for hate speech.

Imenda, through his lawyer Mcqueen Zaza argued that he cannot continue making purposeless trips to Court over a non existent case hence the Superior Court should settle the confusion being created by Tembo.

Zaza was also against tolerating Tembo to sit at the bar when he is not a ZIALE graduate.

In this matter Tembo an accountant cum-politician wants to privately prosecute Imenda for hate speech for describing Archbishop Alick Banda as the “Lucifer of Zambia”

Imenda allegedly used the words to expose Archbishop Banda for his ‘hypocrisy’ when he asked parishioners at Marian Shrine during the Annual Youth Pilgrimage on May 28, 2023 to point out the real joker between a priest and a liar in reference to the ruling party.

The Director of Public Prosecutions Gilbert Phiri has not issued consent to prosecute Imenda privately.

However, Tembo wants Imenda to be frequenting the Courts for mention on a non existent case.

Submitting before magistrate Nsunge Chanda, Zaza indicated that Imenda cannot be arraigned before Court when the DPP has not authorized his prosecution.

However, Tembo argued that Imenda will continue appearing for mention not until the DPP responds to his request to put the UPND boss in the doc.

Zaza proposed that the cases be referred to the constitutional court so that it could settle the debate and limit the illegal appearance of Imenda as the case is not before court in the absence of consent from the DPP.

He also wondered why the bean counter was posing as a lawyer by seating at the bar.

Tembo claimed that Magistrate Chanda had allowed him to mix with the legal practitioners at the bench as he prosecutes Imenda.

“Objection, let the defense not use alleged prosecutor, the court directed me to sit here,”Tembo said.

Imenda’s other lawyer Timmy Munalula said allowing Tembo to sit at the bar was illegal as he was supposed to sit in the audience.

Zaza indicated that Tembo would be addressed as an alleged prosecutor because he was seated in the wrong place as a non qualified lawyer cannot sit at the bar.

“It is a court of law, a non professional cannot sit at the bar. He claims the court allowed him,” he argued

“The contention is that the proceeding should be as of authority of the DPP. The accused is not supposed to be appearing before court before the dpp issues consent, this becomes an illegality.”

And Larry Njunga said; “Tembo is a blind man in as far the law is concerned, he is incompetent and impotent at law. We seek this court to determine our application as a new one.”

Magistrate Chanda reserved ruling for March 18.

By Mwaka Ndawa

Kalemba March 5, 2024.


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