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The sedition case involving opposition leader, Fred M’membe, is set to proceed to full trial after the Lusaka Magistrates’ Court declined to refer the matter to the High Court.
Principal Magistrate Idah Phiri dismissed an application by M’membe in which he had asked the court to seek constitutional interpretation from the High Court regarding the offence of sedition.
M’membe, the Socialist Party president, had argued that the charge infringed on his constitutional right to freedom of expression and noted that several countries had since repealed sedition laws.
In her ruling, Magistrate Phiri said the application lacked merit, stating that no constitutional question had arisen to warrant a referral. She ruled that the offence of sedition was clearly provided for under the Constitution and the Penal Code, and therefore did not require High Court interpretation.
The court consequently ordered that the matter proceed to trial, scheduled to commence on February 23.
M’membe, who is president of the Socialist Party, is charged with one count of seditious practices contrary to Section 60(1)(b) of the Penal Code, Chapter 87 of the Laws of Zambia. He also faces an additional charge under Section 57(1)(c) of the same law.
It is alleged that on July 16, 2024, in Lusaka, M’membe published a statement on his X (formerly Twitter) and Facebook accounts claiming that Democratic Republic of Congo President Félix Tshisekedi had paid US$20 million to silence Zambia.
The prosecution contends that the statement was intended to bring hatred, contempt, or disaffection against a foreign Head of State and the Zambian government.
M’membe has denied the allegations, insisting that his statements fall within the bounds of political expression and public commentary.
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