Lusaka Court rejects plea bargain for blogger accused of cyberbullying targeted at Yo Maps’ wife, Kidist

The Lusaka Magistrates’ Court has denied a plea bargain request for Elias Musyani, a Facebook blogger facing charges of cyberbullying and hate speech targeting Kidist Kifle, the wife of Zambian musician Elton Mulenga, popularly known as Yo Maps.

Musyani allegedly referred to Kidist as a “prostitute” in a social media post and made threats of rape and abduction against her and the couple’s infant daughter.

Charged under Zambia’s Cyber Security and Cyber Crimes Act No. 2 of 2021, Musyani pleaded not guilty to the accusations.

During a hearing on Tuesday, Musyani’s lawyer, Douglas Njolomba, argued for a plea bargain under Zambia’s Plea Negotiations and Agreements Act No. 20 of 2010, asserting that the nature of the offences was personal and that plea bargaining was permissible under sections 4 and 5 of the Act.

Njolomba requested an adjournment to allow time for negotiations, stating that either the defense, prosecution, or the accused could initiate plea discussions according to the Act.

However, the prosecution opposed the plea bargain proposal, noting that any plea deal required an admission of guilt from the accused.

They further argued that no lesser charges could be applied in this case, as the allegations fell fully within the scope of the charges under Zambia’s cyber crimes law.

In response, Njolomba countered that the application was directed to the court rather than the state, and he emphasized that the court held the discretion to grant the plea request despite objections from the prosecution.

Nevertheless, Magistrate Mutinta Mwenya ultimately declined the plea bargain motion, directing that the case should proceed to trial.

As the proceedings continued, Reagan Tembo, a cybersecurity officer with the Zambia Information and Communications Technology Authority (ZICTA), took the stand to testify.

Tembo provided a detailed account of his forensic examination efforts, which he said linked Musyani to the Facebook posts in question.

He explained that ZICTA had received a request from law enforcement to identify the user behind Musyani’s Facebook page, a task that involved coordination with Meta and local telecommunications providers.

Using data provided by Meta platforms and a phone number associated with Musyani’s social media account, Tembo stated that he utilized Know Your Customer (KYC) data from Airtel, including Musyani’s National Registration Card (NRC) details, to verify his identity.

Tembo added that ZICTA’s facial recognition software showed an 84 percent match between Musyani’s social media images and the KYC records, attributing a minor discrepancy to the presence of glasses in some images.

With Magistrate Mwenya’s ruling, the trial is set to continue, with the next hearing scheduled for December 6, 2024.

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