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The case involving brothers Ernest and Elijah Kaumba, accused of using insulting language against Republican President, Hakainde Hichilema, will now be heard in Kalulushi, Copperbelt Province.
Magistrate George Njobvu of the Lusaka Magistrates’ Court ruled that the court lacks jurisdiction over the matter, granting a request from the defence for the case to be transferred.
The Kaumba brothers, represented by Makebi Zulu Advocates, argued that the alleged offence occurred in Kalulushi, where the complaint was filed, and the accused were apprehended.
The case arises from alleged social media remarks made between August 20 and September 30, 2024, purportedly violating Section 179 of the Penal Code, Chapter 87 of the Laws of Zambia.
The prosecution opposed the transfer, asserting that the alleged offence, though committed online, had a nationwide impact, justifying its hearing in Lusaka under Chapter 88 of the Criminal Procedure Code.
However, Magistrate Njobvu sided with the defence, emphasizing jurisdictional requirements.
“The offence, the complaint, and the apprehension all occurred in Kalulushi. It is my view that the matter should be tried in Kalulushi,” he said.
While acknowledging the prosecution’s argument about the nationwide implications of the alleged offence, Magistrate Njobvu stressed the need to adhere to jurisdictional limits.
He ordered the case to be transferred to Kalulushi under Section 77(1) of the Criminal Procedure Code.
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