LUSAKA High Court Judge Bonaventure Mbewe has dismissed all the nine grounds of appeal of incarcerated former Lumezi member of parliament, Munir Zulu and upheld his one year sentence for lack of merit.
On April 7, 2025, chief resident magistrate Davies Chibwili convicted and sentenced Zulu to one year, in the three counts he was charged of defaming Finance Minister, Situmbeko Musokotwane, Infrastructure and Urban Development Minister, Charles Milupi and former Road Development Agency board chairperson Mulchand Kuntawala.
Zulu appealed his sentence arguing that the court erred at law when it sentenced him and failed to consider the Immunities and privileges accorded to him as a member of parliament.
Zulu in an affidavit in support of summons for admission to bail pending appeal filed earlier, submitted that he was not supposed to be convicted based on words he uttered at the parliament grounds which allows him to enjoy his immunity.
He also said the learned trial magistrate erred in law and fact by convicting him for the offence of criminal libel against the weight of the evidence adduced at trial.
Zulu said Chibwili erred in law and in fact by holding that he published the alleged defamatory statement and the statement having been made within the precincts of Parliament in the context of a public discourse on a matter of public interest when in fact there was no publication, among other grounds.
However, Judge Mbewe in his judgement dismissed Zulu’s appeal stating that the trial magistrate was correct to sentence him, and the sentence was fair.
He said the argument that he committed the offence at the parliament ground and therefore was immune lacks merit because it is clear that the press conference was never on the floor of the National Assembly as alleged.
Judge Mbewe said Zulu only addressed the press and he was not addressing the house but a media house called Smart Eagles.
He also said Zulu did not deny uttering the said words.
“I don’t find any justification to overturn the lower court’ judgement, all the grounds fail and I uphold the sentence,” Judge Mbewe ruled.
In this case, Zulu said the two cabinet ministers corruptly received money amounting to US$250,000 through a bank transfer from an unknown company.
He also stated that, Kuntawala corruptly sent money amounting to US$150,000 to Milupi two days before the appointment as a board chairman for Road Development Agency.
By Lucy Phiri
Kalemba July 25, 2025
