By 
Media personality, Mutale Mwanza is considering entering pre-negotiations with the State in a case where she is charged with cyber harassment of fellow journalist, Daisy Mwansa Lufumpa, popularly known as Chichi Daisy.
Mwanza appeared before the Lusaka Magistrates’ Court on charges that she used electronic communication to harass and emotionally distress Ms Lufumpa, contrary to Section 69 of the Cyber Security and Cyber Crimes Act.
Before trial could begin, Mwanza’s defence team informed the court that they had received instructions from their client to invoke provisions of the Plea Negotiations Act No. 20 of 2010.
The defence submitted that under Sections 4 and 8 of the Act, an accused person may, through legal representation, engage the public prosecutor in pre-negotiations that could lead to a withdrawal of charges or a change of plea.
“We seek leave of the court to engage the public prosecutor in pre-negotiations, which may result in a change of plea so that the court’s time is not wasted,” defence counsel said.
The State did not object.
However, Magistrate Mbuywana Sinvula noted that criminal proceedings should not be unduly delayed by negotiation processes. She ruled that the case should proceed while parties explore a possible resolution.
Mwanza is accused of publishing offensive and defamatory statements on November 7, 2024, using her Facebook page M-Nation, allegedly referring to Lufumpa as a prostitute and accusing her of having sexual relations with a jailed “top man.”
The prosecution called its first witness, Mwila Nyambe, a 27-year-old Copperbelt University student, who testified that he saw the alleged post on Facebook on November 9, 2024, and informed the complainant.
During cross-examination, Nyambe admitted that the post did not explicitly name Daisy Mwansa Lufumpa, and that the name “Chichi” could refer to multiple individuals. He also confirmed that he was emotionally close to the complainant and no longer had the phone he used at the time to present as evidence.
He further conceded that it was not Chichi who was referred to as a prostitute in the post and that although he knew her marriage had ended, he had no knowledge of how long she was married.
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