THE Lusaka High Court is set to deliver judgment on September 9, 2025, in the appeal case of Patriotic Front (PF) faction Secretary General Raphael Nakacinda, who is seeking to overturn his 18-month sentence for defaming President Hakainde Hichilema.
https://www.facebook.com/share/p/19FChUmLhb/?mibextid=oFDknk
Nakacinda was jailed on May 17, 2025, by senior resident magistrate Irene Wishimanga, who found him guilty of the offense.
Magistrate Wishimanga stated in her judgment that Nakacinda’s statement constituted a direct assault on the judiciary and warranted punishment.
The charge stemmed from an incident on December 13, 2021, when Nakacinda allegedly made a defamatory statement while addressing a crowd of PF members at the High Court.
He was accused of intending to bring President Hichilema into hatred, ridicule, or contempt.
In the alleged defamatory statement, Nakacinda claimed that President Hichilema had summoned judges at his private residence, intimidating and coercing them to frustrate PF legal battles.
Dissatisfied with the lower court’s decision, Nakacinda appealed to the High Court, arguing that the magistrate erred in law and fact by jailing him for commenting on an issue of public interest relating to the President.
He has maintained his innocence, asserting that his remarks were in defense of democracy.
During the appeal hearing yesterday before Judge Annie Ononuju, Nakacinda’s lawyer, Maluza Chongola, urged the court to set aside the conviction and sentence, and to free his client.
Chongola argued that the conviction by the lower court should not be upheld based on the evidence presented.
“The conviction and sentence be set aside and the appellant should be set free,” Chongola submitted, further contending that the evidence presented by the prosecution’s witnesses PW1, PW2, and PW3 did not substantiate the conviction.
However, the State, in its response, argued that the lower court was on firm ground when it convicted Nakacinda.
“Wish to indicate that the perusal of the said record of appeal will show that it is not in dispute that the words alleged in this matter were said by the appellant,” the State submitted.
The State further contended that the evidence of PW1, PW2, and PW3 clearly demonstrated how the individuals were affected by Nakacinda’s words.
Judge Ononuju has reserved judgment until September 9, 2025.
By Lucy Phiri
Kalemba July 2, 2025
