A MAGISTRATE acquitted Patriotic Front member Chishimba Kambwili in a matter he was accused of defaming former President Edgar Lungu by allegedly referring to him as “Imbwa shabantu ishaku Chawama”.
Sitting as a magistrate, High Court Judge Lameck Mwale ruled that the Bemba expression “Imbwa shabantu” is a figurative utterance which makes reference to a person’s behaviour and is not necessarily an insult.
Magistrate Mwale consequently freed Mr Kambwili after finding that the prosecution failed to prove the case against him.
Kambwili, 51, a businessman of Luanshya was accused of defaming Mr Lungu, then President, between August 26 and 29, 2019.
Part of the alleged defamatory words read: “Noti ishi imbwa shabantu yaleika fye ku Chawama elo yamona ste…ntandale icalo eko baita fye kuya.
“Kuti washa umutengo wabunga balelwa K150 waya?”
Kambwili denied the charge but after nine witnesses testified against him, magistrate Mwale found him with a case to answer and placed him on his defence.
In defence, the accused vehemently denied the allegations and argued that the clip containing the alleged defamatory words were doctored to portray him in bad light.
And two defence witnesses, members of the Nchenja Royal Establishment in Mporokoso, told the court that the phrase “Imbwa sha ku Chawama (Dogs from Chawama) was not a derogatory phrase but a Bemba insoselo or idioms.
The defence witnesses Belly Kabamba and Jackson Bwelya told the court that some Bemba idioms may sound like an insult.
Mr Kabamba, a 51-year-old Kabusha village headman, said the expression “Imbwa shaku Chawama” is not an insult but an idiom.
“It’s not an insult, it is just a resemblance [to a dog]. It means what that person [being likened to a dog] was doing something inhumane”.
In his judgement, magistrate Mwale found that the Bemba expression in contention was figurative and that the person who translated it to the arresting officer had an interest to serve.
“The translation that he did when he was approached by the arresting officer was not produced in court,” magistrate Mwale said.
He also found that both the prosecution and defence agreed that Mr Lungu never lived in Chawama.
“It follows, therefore, that one cannot reasonably assert that the statement referred to the former head of State,” magistrate Mwale said..
He also found that the first two witnesses in the case were at the material time Mr Kambwili’s political opponents, raising a possibility of false implication.
The magistrate also found that clip, which was extracted from Facebook, containing the alleged defamatory words could have been doctored.
“The person who made the video was not called as a witness and the device which captured the video was not examined nor produced in court,” magistrate Mwale said.
“I am not satisfied that the prosecution has discharged its burden to the required standard.
“I find the accused person not guilty and I accordingly acquit him of the charge of defamation of the President,” magistrate Mwale said.
(Mwebantu, Saturday, 14th October, 2023)