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Lumezi Independent Member of Parliament, Munir Zulu, has denied charges of criminal libel against Finance Minister, Situmbeko Musokotwane, Infrastructure Minister, Charles Milupi, and Engineer Mulchand Kuntawala, arguing that his statements were spoken, not published.
Appearing before Lusaka Chief Resident Magistrate Davies Chibwili, Zulu was placed on his defense on three counts of libel, contrary to Section 191 of the Penal Code, Chapter 87 of the Laws of Zambia.
In the first count, he is accused of alleging that Musokotwane corruptly received $250,000 via bank transfer from a company known to him.
The second count involved similar claims against Milupi, while the third relates to allegations that Kuntawala transferred US$150,000 to Milupi two days before his appointment as Board Chairperson for the Roads Development Agency (RDA).
Zulu defended himself, stating that he was acting as a whistleblower in his parliamentary oversight role.
He argued that his statements were made within parliamentary grounds, where he is entitled to freedom of speech.
His lawyer, Nkula Botha, sought an adjournment, citing Zulu’s parliamentary commitments, including a committee meeting on gender and national guidance.
Botha contended that the MP had received late notice of the court session and would have formally requested an adjournment earlier if notified in time.
However, prosecutor Jordan Busiku objected, arguing that the committee could proceed without Zulu as it consists of ten members.
The prosecution proposed that if an adjournment were granted, the case should be rescheduled within February.
Botha insisted that Zulu’s role as an independent MP made his parliamentary duties distinct, urging the court not to undermine his obligations.
Magistrate Chibwili rejected the adjournment request, ruling that the criminal charges took precedence over parliamentary duties and ordered that the defense hearing proceed.
During cross-examination, Botha challenged a digital forensics report linking Zulu to a Facebook post by Smart Eagles, a media outlet.
He argued that there was no direct evidence connecting Zulu to the publication.
The defense also played a video showing Zulu speaking in Parliament alongside Chilubi MP Mulenga Fube.
Botha maintained that the video contained no written defamatory statements, emphasizing that under Section 191 of the Penal Code, libel applies only to written or published material, not spoken words.
Botha further applied to refer the matter to the Constitutional Court, arguing that under Article 18, Clause 8 of the Constitution, an individual cannot be convicted unless an offense is clearly defined by law.
He asserted that spoken words do not constitute libel under Zambian law.
The prosecution opposed the application, arguing that Zulu had intended for his statements to be recorded and published, which falls under libel.
The court rejected the referral request, ruling that it should have been raised earlier in the trial.
Zulu denied inviting the media to Parliament, stating that Fube had done so, and insisted he played no role in publishing the statements.
The prosecution, however, questioned whether he had made the remarks with the intention of addressing the Anti-Corruption Commission (ACC) and whether he had parliamentary immunity.
Zulu maintained that he had not committed any offense.
The case was adjourned to February 5 and 6, with ten witnesses expected to testify in Zulu’s defense.
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