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Lawyers representing UPND Secretary-General, Batuke Imenda, has referred to Patriots for Economic Progress (PeP) leader, Sean Tembo, as an alleged prosecutor who was ‘incompetent’ and ‘impotent’ at law.
The defence which comprised of Larry Njungu, McQueen Zaza and Timothy Munalula raised issue as to why Tembo was sitting at the bar when the Director of Public Prosecutions was yet to grant him consent to prosecute Imenda for hate speech.
This is in a matter Patriots for Economic Progress (PeP) president Tembo sued Imenda for hate speech for allegedly referring to Archbishop Alick Banda as the ‘Lucifer of Zambia’.
It was alleged that on May 28, 2023, Imenda at a press briefing and in a widely circulated audio did utter that the Lusaka Archbishop Banda was the Lucifer of Zambia.
He contended that the said statement by the ruling party’s Secretary-General constituted hate speech against the Archbishop.
At the hearing of the matter on Monday before Lusaka Magistrate Nsunge Chanda, Imenda applied for the case to be referred to the Constitutional Court for determination.
In his notice of motion, Imenda questioned whether or not it was constitutional and in compliance with Article 180 (8) of the Constitution (Amendment) Act no. 2 of 2016 for the Subordinate court to continue with proceedings in the absence of permission by the DPP.
He also raised issue of if it was constitutional and in compliance with Article 180 (8) for Tembo to go beyond launching of his complaint and addressing Court from the bar within the Court room, (a place reserved for prosecutors directly or impliedly authorised by the DPP and also for Advocates seized with conduct of matter) without permission from the DPP.
“We are praying that this should be referred to the Constitutional Court for constitution answers.The complainant should not be sitting at the bar as a purported counsel.He 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,” submitted the defence.
The court is set to render its ruling in the application on March 18, 2024.
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