By 
Two brothers from Kalulushi, Ernest Kaumba, 23, and Elijah Kaumba, 26, have pleaded not guilty to charges of using insulting language against Republican President Hakainde Hichilema.
The unemployed Copperbelt Province residents appeared before Lusaka Magistrate George Njobvu on Tuesday, where they were granted bail of K5,000 each in their own recognition.
The duo had spent 61 days in detention following their arrest on October 3, 2024.
The charges, filed under Section 179 of the Penal Code Chapter 87, alleged that the brothers committed the offence on social media between August 20 and September 30, 2024.
Defence lawyer, Makebi Zulu, argued for their release, highlighting their prolonged detention for what he termed a misdemeanour and underscoring their constitutional right to bail.
“From their arrest until today, they’ve been in custody for 61 days for a bailable offence. By law, detention should not exceed 24 hours without formal charges,” Zulu argued.
While the state did not oppose bail, it requested conditions to ensure the accused would attend court.
Magistrate Njobvu granted bail on the condition that each provided two working sureties, emphasizing that the Constitution guarantees bail for bailable offences.
Zulu further questioned the constitutionality of Section 179 of the Penal Code, arguing it conflicts with Article 11(b) of the Constitution, which protects freedom of expression.
“What defines insulting language?” Zulu asked.
“Language evolves, and opinions differ. Punishing individuals for words based on subjective reactions infringes on freedom of expression. Should mere words be criminalised in a democracy?”
The prosecution dismissed the defence’s application, asserting that freedom of expression is not absolute.
“Referring to another person as a ‘dog’ is derogatory and risks fostering lawlessness if left unchecked,” the state argued.
The court adjourned to December 10, 2024, for a ruling on the constitutional application.
Earlier, before the Kalulushi brothers were granted bail, the Human Rights Commission (HRC) had strongly condemned their prolonged detention without bond or trial, describing it as a gross violation of their constitutional rights.
Ernest Kaumba, 22, and Elijah Kaumba, 26, had been in police custody since October 3, 2024, following their arrest on charges of sedition.
In a statement issued on Wednesday, HRC spokesperson Mweelwa Muleya demanded immediate action, calling for the brothers to be granted police bond or taken to court without further delay.
“The continued detention of the Kaumba brothers without bond or trial constitutes a violation of their right to liberty and due process. This situation must be addressed urgently,” Muleya stated.
He criticized the lack of coordination between law enforcement agencies, particularly the Police and the National Prosecution Authority, for causing arbitrary arrests and detentions.
Muleya stated that police cells were designed for short-term holding of suspects awaiting court appearances, not prolonged detention.
The HRC also raised concerns about the practice of transferring suspects to areas far from their homes, labeling it punitive and a potential human rights violation.
“This practice isolates suspects from family and community support, limiting their access to basic necessities like food and water. It also complicates securing sureties for bond,” Muleya said.
While the HRC called for respect for the Kaumba brothers’ rights, it also condemned the misuse of freedom of expression through hate speech, particularly on social media.
“Hate speech is a violation of human rights and a crime. It must not be conflated with legitimate freedom of expression,” Muleya stated.
The HRC’s appeal for adherence to the rule of law was among the mounting calls from various organizations urging the authorities to ensure the Kaumba brothers’ rights were respected, culminating in their eventual bail being granted.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
Comments